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NY J85721

June 25, 2003

CLA-2-61:RR:NC:TA:359 J85721


TARIFF NO.: 6102.20.0010

Ms. Annie Chik
Annie Chik (CHB)
147-39 175th Street, Room 217
Jamaica, NY 11434

RE: The tariff classification of a woman’s jacket from Pakistan

Dear Ms. Chik:

In your letter dated June 9, 2003, on behalf of 2 Kemp Int’l, 990 Avenue of the Americas, Suite 21P, NY, NY 10018, you requested a tariff classification ruling.

The submitted sample, style number 3217, is a woman’s jacket that is constructed from 95% cotton, 5% spandex, knit fabric. The hood, the sleeves, a section of the front of the garment and a section of the back of the garment consist of jersey knit fabric. The sleeve cuffs, the sides of the garment extending towards part of the front and back, and the bottom consist of rib knit fabric. The jacket features a drawstring hood, long sleeves, a full front opening with a zipper closure, kangaroo pockets in the front at the waist, and a ribbed bottom. The pockets are finished with ribbed fabric. The word “Weatherwake” is embroidered on the bottom of the left pocket.

The essential character is given by the jersey knit fabric; Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3 noted.

Although you believe that the garment is classified in item 6110.20.2075 HTS, we note that classification is precluded from heading 6110 HTS, because the tightening at the sleeves and at the bottom of the garment provide warmth and protection from the elements to the wearer.

Your sample is being returned.

The applicable subheading for the jacket will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoatswind breakers, and similar articles, knitted, other than those of heading 6104: of cotton: women’s. The rate of duty will be 16% ad valorem.

The jacket falls within textile category designation 335. Based upon international textile trade agreements products of Pakistan 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 Mike Crowley at 646-733-3049.


Robert B. Swierupski

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