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NY L82832




March 23, 2005

CLA-2-61;62:RR:NC:TA:358 L82832

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2020; 6117.80.8500; 6202.92.2031; 6202.92.2071

Craig VerPault
The Marmaxx Group
Attn: Imports Rt. J4S
770 Cochituate Road
Framingham, MA 01701

RE: The tariff classification of girls’ outerwear from China

Dear Mr. VerPault:

In your letter dated March 3, 2005, written on behalf of Newton Buying Corp. and Marshalls of MA, Inc., you requested a classification ruling.

Submitted styles 10061TD and 10062TD, similarly styled, are waist-length, unlined garments, characterized by a faux fur collar of synthetic fibers, by a full-front, buttoned opening, by metal buttons, by one or by two pockets, respectively, at the lower portion of the front of the garment, by knitted sleeves of, respectively, 100% cotton and 60% cotton/40% acrylic, and by fronts and back of, respectively, cotton denim and cotton corduroy.

Submitted style 12621TD is comprised of two pieces. One of these pieces is waist-length, characterized by long sleeves and by a full-front, zippered opening that extends into the neckline. The front and the neckline of this garment are manufactured from knitted, fake fur of 70% acrylic/30% polyester, and the remainder of this garment from rib-knitted fabric of 100% cotton. A coordinating headband of the same faux fur is the second piece of this style number.

As you have requested, the submitted samples are being returned.

The applicable subheading for style 10062TD will be 6202.92.2031, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’anorakswindbreakers and similar articlesother than those of heading 6204of cotton, other, other, other, corduroy, girls’; and for style 10061TD will be 6202.92.2071, HTS, which provides for girls’anorakswindbreakers and similar articlesother than those of heading 6204of cotton, other, other, other, other, girls’. The duty rate will be 8.9 percent ad valorem for both.

The applicable subheading for the headband of style 12621TD will be 6117.80.8500, HTS, which provides for other made up clothing accessories, knittedother, headbands; and for the garment of this style will be 6102.30.2020, HTS, which provides for girls’anorakswindbreakers and similar articles, knittedother than those of heading 6104, of man-made fibers, other, other, girls’.

Styles 10061TD and 10062TD fall within textile category designation 335 and the other outerwear garment falls within 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. 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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