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NY K88573




August 20, 2004
CLA-2-61:RR:NC:TA:359 K88573

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.33.2000; 6114.30.3070

Ms. Abigail Mugrage
Abercrombie & Fitch Trading Co.
6301 Fitch Path
New Albany, OH 43054

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

Dear Ms. Mugrage:

This letter replaces New York Ruling Letter (NYRL) NY K88165 that was issued to you on August 13, 2004. In your facsimile dated August 18, 2004 you state that the style numbers were inadvertently switched causing a discrepancy in the HTS numbers and the visa information. Please see corrections below.

In your letter dated July 29, 2004, you requested a tariff classification ruling.

You submitted two samples that are being returned as you have requested.

Style 3R0686 is a woman’s bolero jacket that is constructed from 45% viscose, 40% nylon, 15% angora, knit fabric. The garment does not reach the waist. It is made of two front panels and one back panel and are sewn together lengthwise. The jacket features a V-neckline, long sleeves with ribbed cuffs, and a full front opening with a one-button closure. The front panels curve at the bottom. The neckline and bottom are finished with ribbed fabric.

Style 3R0702 is a woman’s garment that is constructed from 40% cotton, 30% viscose, 20% nylon, 10% angora, knit fabric. The garment features long sleeves with ribbed cuffs and a full front opening. It covers the shoulders and the upper third of the back. The front panels tie together under the bust. The top does not reach the waist.

You suggest that each item be classified in item 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS). However, style 3R0686 is precluded from 6114, HTS because it meets the specifications of a bolero jacket.

The applicable subheading for style 3R0686, the bolero jacket, will be 6104.33.2000, HTS, which provides for women’s suit-type jackets, knitted: of synthetic fibers: other. The rate of duty will be 28.2% ad valorem.

The applicable HTS subheading for style 3R0702 will be 6114.30.3070, which provides for other garments, knitted: of man-made fibers: other: other. The rate of duty will be 14.9% ad valorem.

Style 3R0686 falls within textile category designation 635. Style 3R0702 falls in category 659. Based upon international textile trade agreements category 635 from Hong Kong and category 659 from China 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.cbp.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 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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