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NY K89854

October 22, 2004

CLA-2-62:RR:NC:TA:357 K89854


TARIFF NO.: 6202.11.0010

Mr. Gerson M. Joseph
2500 Weston Road
Suite 220
Weston, FL 33331

RE: The tariff classification and status under the Caribbean Basin Trade Partnership Act of a women’s wool coat from the Dominican Republic

Dear Mr. Gerson:

In your letter dated August 11, 2004 (received September 29), on behalf of Herman Kay Co., you requested a classification ruling.

The item in question is a women’s wool coat, representative of various styles to be imported under the same conditions. The garment has a full front opening with a five-button, right-over-left closure, long hemmed sleeves, a pointed collar, a self-fabric belt segment in the back and a full lining. Inserted in the seam where the lining joins the facing is a strip of contrasting color fabric that extends the entire length of this seam, from hem to hem.

You have indicated that the coat is manufactured from fabrics wholly formed in the United States from yarns that are wholly formed in the U.S., using thread formed in the U.S. The contrasting braided fabric inserted into the seam of the lining and facing is made from third-country fabric imported into the Dominican Republic and cut to length there.

The applicable subheading for the coat will be 6202.11.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats, carcoats, capes, cloaks and similar coats, of wool or fine animal hair. The duty rate is 41 cents per kilo plus 16.3 percent ad valorem.

The braided fabric inserted into the seam between the facing and the lining is primarily decorative. Textile findings and trimmings are allowed under the Caribbean Basin Trade Preference Act provided that their value does not exceed 25 percent of the cost of the components of the garment.

Based upon the information you provided, this coat is eligible for duty-free treatment under subheading 9820.11.06, HTSUS, which provides for:

Apparel articles sewn or otherwise assembled in one or more such countries with thread formed in the United States from fabrics wholly formed in the United States and cut in one or more such countries from yarns wholly formed in the United States, or from components knit to shape in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the tariff schedule and are wholly formed in the United States), under the terms of U.S note 2(a) to this subchapter.

This coat falls within textile category designation 435. Based upon international textile trade agreements products of the Dominican Republic are not subject to quota or the requirement of a visa under the CBTPA.

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 Textile Status Report for Absolute Quotas, which is available at our 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 William Raftery at 646-733-3047.


Robert B. Swierupski

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