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NY N009173

May 3, 2007



TARIFF NO.: 6202.92.2026

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad St.
Philadelphia, PA 19112-1404

RE: The tariff classification of a women’s jacket from Hong Kong

Dear Ms. Fox:

In your letter dated March 29, 2007, on behalf of Ann Taylor, Inc., you requested a classification ruling. The sample you submitted will be returned as you requested.

The item in question, style 59-208765, is a women’s jacket made from a woven 99% cotton/1% spandex corduroy fabric. The jacket has a full front opening with a two-button, right-over-left closure, a notched collar with lapels, long cuffless sleeves with decorative buttons at the wrist, pockets with flaps below the waist, a center back seam with a vent and sewn into the front panels a knit hooded insert which is secured by a zipper closure that extends to the neck. Although the garment is tailored and has a blazer-like appearance, we consider it an outerwear garment worn as protection against the elements.

The applicable subheading for the jacket will be 6202.92.2026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, of cotton, corduroy. The duty rate will be 8.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This jacket falls within textile category 335. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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