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NY L85009




May 23, 2005

CLA-2-62:RR:NC:TA:358 L85009

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5021

John F. McManus
Itochu International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of children’s unisex outerwear from China

Dear Mr. McManus:

In your letter dated May 17, 2005, written on behalf of your subsidiary Prominent USA LLC, you requested a classification ruling.

Submitted style 105905 is manufactured from a woven outershell of 100% polyester that you state is coated with polyurethane. Basic styling characteristics of this lined garment include a full-front, zippered opening that is covered by a textile flap that attaches to the body of the garment by means of fasteners similar to the VELCRO brand, a hood through which a drawstring is threaded, an adjustable drawstring at each side of the garment’s lower edge, adjustable cuffs of long sleeves, and various pockets.

As you have requested, the sample garment is being returned.

If this garment passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62 U.S. Note 2, then the applicable subheading for it will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, other, other, other, water resistant. If the garment does not pass this test, then the applicable HTS subheading for it will be 6202.93.5021, which provides for girls’anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, other, other, other, other, girls’. The duty rates would be 7.1 and 27.7 per cent ad valorem, respectively. Whether or not water resistant, the garment 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. 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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