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NY L85579

July 7, 2005

CLA-2-62:RR:NC:N3:357 L85579


TARIFF NO.: 6202.11.0010

Mr. Charles Spoto
Alba Wheels Up International
150-30 132nd Ave.
Jamaica, NY 11434

RE: The tariff classification and status under the Andean Trade Promotion and Drug Eradication Act (ATPDEA) of a women’s wool blend coat from Peru

Dear Mr. Spoto:

In your letter dated June 10, 2005, on behalf of Searle Blatt & Co., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The sample in question, style 1758, is a women’s coat made from a woven 58% wool/42% alpaca fabric. The coat is approximately 50-inches in length. It has a full front opening secured by a five-button closure, long hemmed sleeves, on-seam pockets at the waist, a full satin lining and a self-fabric hood with a fox fur ruff.

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 will be 41 cents/kg. plus 16.3 percent ad valorem.

This coat falls within textile category designation 435. 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.

In your letter you indicated that the fox fur will be imported from Finland to the United States to be cut and then shipped to Peru where it will be sewn into the coat. You suggested classification of this coat in subheading 9821.11.25, HTS, which provides for certain articles imported from a designated ATPDEA beneficiary country listed in U.S Note 1(a) to subchapter XXI, Chapter 98, HTS, which includes Peru.

Classification of woven garments in subheading 9821.11.25 is limited to garments sewn or otherwise assembled from fabrics or from fabric components, from yarns wholly formed in the United States or one or more ATPDEA country. In addition U.S. Note 4(a)(i) states that garments otherwise eligible for preferential treatment under the provisions of subchapter XXI shall not be ineligible if the article contains findings or trimmings of foreign origin if the value of such findings or trimmings does not exceed 25 percent of the cost of the components of the assembled article. Subchapter XXI U.S. Note 4(b) further states:

For purposes of subdivision (a)(i) above, findings or trimmings eligible under such subdivision include sewing thread, hooks and eyes, snaps, buttons, “bow buds,” decorative lace trim, elastic strips, zippers (including zipper tapes), labels and other similar products.

The term “findings “ has been interpreted to include sewing essentials, which would not include this fur. The term “trimmings” refers to decorative or ornamental parts. While the fur ruff on this coat ornaments it, the fur is also functional in that it provides added protection from the wind. Therefore, the fur ruff is not a finding or trimming, and its presence precludes classification of this coat in subheading 9821.11.25, HTS.

This ruling does not apply to other styles that you described in your ruling request. If you wish to have the other styles ruled on, you should submit a sample of each along with details of the origin and production of the textile portion of each article, the processing performed on the fur components in the United States and a statement as to the value of the fur portion relative to the cost of the finished coats.

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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