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NY J80921

February 13, 2003

CLA-2-62:RR:NC:WA:357 J80921


TARIFF NO.: 6202.92.2026; 6202.93.2020

Ms. Shelly Monahan
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

RE: The tariff classification of a woman’s jacket and padded sleeveless jacket set from Hong Kong

Dear Ms. Monahan:

In your letter dated January 24, 2003, you requested a classification ruling.

The sample submitted, style number S37014C, is a woman’s two-piece set. The two-piece set consists of a hip-length jean-style outer jacket and a hip-length inner padded sleeveless jacket that can be buttoned along the front edges so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell composed of a woven streaky 12-wale 73% cotton/27% polyester corduroy fabric. The jacket is slightly fitted at the waist and has a fold-down pointed collar and a full front opening secured by a right-over-left six-button closure. The jacket also has eight additional button holes on the inner portion of the jacket along the front opening that are used for attaching the inner padded sleeveless jacket. The jacket features two chest pockets, long sleeves with a one-button closure on the cuffs and a banded bottom hem. The “Sergio Valente” tradename and logo is featured on each button, on a leather label at the nape of the neck and on a textile label sewn to the lower portion of the left side seam.

The inner padded sleeveless jacket is constructed of a woven shell and lining which are composed of a 100% nylon fabric that are quilted together and have a nonwoven batting fill in between. The garment is slightly fitted at the waist, has oversized armholes, a stand-up collar, a full front opening that is secured by a double pull zipper closure that extends to the top of the collar and a hemmed bottom. There are four buttons on each side of the front opening that are used to attach the garment to the outer jacket. The zipper pull features the “Sergio Valente” tradename.

The samples are being returned to you.

The applicable subheading for the outer jacket will be 6202.92.2026, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks, windbreakers and similar articles: of cotton: corduroy. The duty rate will be 9 percent ad valorem.

The applicable subheading for the inner padded sleeveless jacket will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ padded, sleeveless jackets: of man-made fibers: other. The duty rate will be 15.1 percent ad valorem.

The outer jacket falls within textile category designation 335. The inner jacket falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraints 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 W. Raftery at 646-733-3047.


Robert B. Swierupski

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