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NY H87200




February 1, 2002

CLA-2-61:RR:NC:TA:359 H87200

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.31.0000; 6110.11.0080; 6102.30.2010

Mr. James J. Kelly
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman’s knit suit-type jacket, a cardigan, and a jacket from Hong Kong.

Dear Mr. Kelly:

In your letter dated January 21, 2002, you requested a classification ruling on behalf of Jones Apparel Group USA Inc., Bristol, PA. As requested, your samples are being returned to you.

Your sample, style K53A15798N, is a woman’s suit-type jacket constructed from 100% boiled wool knit fabric. The jacket is tailored and has more than three panels, of which two are at the front sewn together lengthwise. It features princess seams, a notch-lapel collar, long hemmed sleeves, two patch pockets below the waist, one patch pocket on the chest, a full front opening with four button closures, and a hemmed bottom.

Style K53A33358N is a woman’s cardigan constructed from 51% wool, 49% acrylic 3x3 ribbed knit fabric. The cardigan features a V-neckline, long sleeves, seven-button closures, and two patch pockets below the waist. The neckline and placket are finished with ribbed knit fabric. The garment extends from the shoulders to below the calf area.

Style M21760748 is a woman’s jacket constructed from two different fabrics. The two front panels and the back of the jacket are made of 80% acrylic, 20% polyester pile knit fabric. The sleeves and collar are constructed from 100% wool 2x2 ribbed knit fabric. The jacket features long sleeves, a mock turtleneck, a woven polyester lining and a full front opening with a zipper closure.

The essential character is given by the pile knit fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the woman’s suit-type jacket will be 6104.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts, knitted or crocheted: suit-type jackets or blazers: of wool or fine animal hair. The duty rate will be 57.5 cents/kg + 16.8% ad valorem.

The applicable subheading for the woman’s cardigan will be 6110.11.0080 Harmonized Tariff Schedule of the United States (HTS), which provides sweaters, pullovers, sweatshirts, waistcoat s (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: of wool: other: women’s. The duty rate will be 16.2% ad valorem.

The applicable subheading for the woman’s jacket will be 6102.30.2010 Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls overcoats, carcoats, cloaks, anoraks, windbreakers and similar articles, knitted or crocheted: of man-made fibers: other: other: women’s. The duty rate will be 28.6% ad valorem.

The suit-type jacket falls within textile category designation 435. The cardigan falls within textile category designation 438. The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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