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NY L87349

September 8, 2005

CLA-2-62:RR:NC:TA:357 L87349


TARIFF NO.: 6202.93.5011

Mr. Brandon Terrell
9700 Commerce Parkway
Lenexa, KS 66219

RE: The tariff classification of a women’s knit and woven jacket from China

Dear Mr. Terrell:

In your letter dated August 11, 2005, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style SI5672, is a women’s outerwear jacket composed of knit and woven portions, both of which are of 100% polyester fabric. The jacket has a full front opening with a zipper closure that extends to the top of the collar, long raglan sleeves with rib knit cuffs, a mostly rib knit waistband, pockets at the waist and a full knit lining. The front and back panels are mostly woven, with the back panel quilted to a light batting, while the sleeves and side panels are of knit construction.

In the case of garments composed of both knit and woven portions where neither provides the essential character, classification will be as woven in Chapter 62, HTS, in accordance with General Rule of Interpretation 3(c). Such is the case with style SI5672.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

This jacket 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 William Raftery at 646-733-3047.


Robert B. Swierupski

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