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NY L81671





January 27, 2005

CLA-2-62:RR:NC:N3:360 L81671

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0078

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of women's long jackets from Hong Kong

Dear Mr. Stack:

In your letter dated January 6, 2005, you requested a tariff classification ruling on behalf of Item Eyes, Inc. The submitted sample will be returned to you as requested.

Style 55202ME/65202ME is a women’s tailored jacket constructed from 62 percent polyester, 33 percent rayon and 5 percent spandex woven fabric. The jacket features a rounded lapel collar, long hemmed sleeves with slit ends with button trim, faux pockets with flaps below the waist, a center back vent, a rear tab at the waist, shoulder pads, a lining and a full front opening secured by four buttons. The jacket extends from the shoulders to just above the knee.

You have indicated that this garment is part of a mix and match grouping containing several suit-type jackets and various styles of skirts and/or pants of matching fabric.

The applicable subheading for style 55202ME/65202ME will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 16 percent ad valorem.

Style 55202ME/65202ME falls within textile category designation 635. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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