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NY I88353

December 12, 2002

CLA-2-62:RR:NC:WA:355 I88353


TARIFF NO.: 6211.33.0040

Ms. Isabel De La Cruz
H.L.M. Cargo Clearance Brokers, Inc.
5567 Northwest 72nd Avenue
Miami, FL 33166

RE: The tariff classification of a wind shirt from the Dominican Republic.

Dear Ms. De La Cruz:

In your letter dated November 15, 2002, you requested a classification ruling on behalf of Global Apparel Corporation and Patagonia, Inc.

The garment, identified as style 24010, is described as a “Helium Windshirt”. It is made of 100 percent polyester woven fabric. The shirt features long sleeves with elasticized cuffs, a zippered partial front opening with a zip-through collar, a soft-lock adjustable drawcord hem at the bottom of the shirt, and a small interior chest pocket which serves the dual purpose of being a place to store small items and a self packaging carry pouch for the garment. The hangtag attached to the garment states that the wind shirt is “idealas a mid or outer layer for aerobic activities”. The sample will be returned as you have requested.

The applicable subheading for style 24010 will be 6211.33.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments, other garments, of man-made fibers, shirts excluded from heading 6205. The duty rate will be 16.2 percent ad valorem. In year 2003, the duty rate will be 16.1 percent ad valorem.

Style 24010 falls within textile category designation 640. Based upon international textile trade agreements products of the Dominican Republic are 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 Camille R. Ferraro at 646-733-3046.


Robert B. Swierupski

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