NY 890317 - The tariff classification of a woman's cardigan-styled jacket from Hong Kong - United States International Trade Commision Rulings

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NY 890317

October 14, 1993

CLA-2-62:S:N:N5:360 890317

CATEGORY: CLASSIFICATION

TARIFF NO: 6211.49.0085

Ms. Della Hardin
I. B. Diffusion
Chicago Apparel Center
Suite 170 - Lower Arcade
Chicago, IL 60654

RE: The tariff classification of a woman's cardigan-styled jacket from Hong Kong

Dear Ms. Hardin:

In your letter dated September 13, 1993, you requested a tariff classification ruling.

The submitted sample, style 40726, is a woman's cardigan-styled jacket constructed from knit and woven fabric. The knit portion is constructed from 59% linen, 41% cotton, 1x1 ribbed fabric. The woven portion of the garment is constructed from 100% linen fabric. The garment features a deep V-neckline; detachable shoulder pads; long sleeves; a full frontal opening with a 5 button closure; 2 patch pockets in the waist area; and 2 side slits. Although 65% of the surface area of the garment consists of the knitted fabric, the entire front of the garment is woven. Since neither the knit nor the woven portion of the garment provides its essential character, the garment is classified under the Harmonized Tariff Schedule of the United States (HTS) heading which appears last among those that equally merit consideration. In this instance, the classification would be as a woman's jacket-like garment under heading 6211, HTS. Your sample is being returned to you as requested.

Accordingly, the applicable subheading for style 40726 will be 6211.49.0085, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of other textile materials, jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 7.8 percent ad valorem.

Style 40726 falls within textile category designation 835. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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