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NY I85794

September 6, 2002

CLA-2-61:RR:NC:TA: 359 I85794


TARIFF NO.: 6102.20.0010; 6110.20.2075

Ms. Carolyn Mitchell
Ellen Tracy, Inc.
575 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a woman’s jacket from China and a woman’s cardigan from Hong Kong

Dear Ms. Mitchell:

In your letter dated August 29, 2002, you requested a tariff classification ruling.

You submitted two samples. Style number 88829602 is a woman’s jacket that is constructed from 80% cotton, 20% polyester, knit quilted fabric. The jacket is 100% polyester fiberfilled and has a 95% cotton, 5% spandex knit lining. The jacket features a stand up collar, long hemmed sleeves, a full front opening with a zipper closure, 2 front vertical inset pockets in the waist area and a hemmed bottom.

Style 89724602 is a woman’s cardigan that is constructed from 95% cotton, 5% spandex, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a round neckline, long hemmed sleeves, a full front opening with a zipper closure, 2 front horizontal pockets with zipper closures in the waist area, and a hemmed bottom.

Your samples are being returned as requested.

The applicable subheading for the jacket will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of cotton: women’s. The duty rate will be 16.1% ad valorem.

The subheading for the cardigan will be 6110.20.2075, which provides for sweatersand similar articles, knitted: of cotton: otherother: women’s. The duty rate will be 17.3% ad valorem.

The jacket falls within textile category designation 335. The cardigan falls in category 339. Based upon international textile trade agreements the jacket from China and the cardigan from Hong Kong are both subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mike Crowley at 646-733-3049.


Robert B. Swierupski

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