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NY H89723




April 26, 2002

CLA-2-62:RR:NC:TA:360 H89723

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0078

Angela Masco
Customs Compliance Analyst
Nordstrom, Inc.
One Penn Plaza
New York, NY 10119

RE: The tariff classification of women’s woven jacket-like garments from China

Dear Ms. Masco:

In your letter dated March 25, 2002, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style CN49120 is a women’s long suit-type jacket made from woven fabric whose fiber content is 62% polyester, 33% rayon and 5% spandex. The tailored garment is lined and extends from the shoulders to slightly above the knees. The garment is constructed from eight panels sewn together lengthwise. It features long sleeves without cuffs; a full front opening secured by five buttons; besom pockets at the waist; lapels and a center back vent. This style will be sold in size ranges 2-16 and will coordinate with pants and skirts of the same fabric, but sold separately.

Style CN49154 is a women’s long suit-type jacket made from woven fabric whose fiber content is 58% polyester and 42% acetate. The tailored garment is lined and extends from the shoulders to the knees. The garment is constructed from eight panels sewn together lengthwise. It features long sleeves without cuffs; a full front opening secured by three buttons; slash pockets at the waist; lapels and a center back vent. This style will be sold in size ranges 2-16 and 0P-16P and will coordinate with dresses, pants and skirts of the same fabric, but sold separately.

Style CN55227 is a women’s long suit-type jacket made from woven fabric whose fiber content is 62% polyester, 31% viscose rayon and 7% spandex. The tailored garment is lined and extends from the shoulders to slightly below the knees. The garment is constructed from eight panels sewn together lengthwise. It features long sleeves without cuffs; a full front opening secured by six buttons; slash pockets at the waist; lapels and a center back vent. This style will be sold in size ranges 14W-24W and will coordinate with pants and skirts of the same fabric, but sold separately.

Style CN49085 is a women’s long suit-type jacket made from woven fabric whose fiber content is 93% rayon and 7% spandex. The tailored garment is lined and extends from the shoulders to slightly above the knees. The garment is constructed from eight panels sewn together lengthwise. It features long sleeves without cuffs; a full front opening secured by four buttons; a decorative piece of fabric at both sides of the waist that mimics pockets; lapels and a center back vent. This style will be sold in size ranges 2-16 and 0P-16P and will coordinate with pants and skirts of the same fabric, but sold separately.

Style CN51018 is a women’s long suit-type jacket made from woven fabric whose fiber content is 93% rayon and 7% spandex. The tailored garment is lined and extends from the shoulders to slightly above the knees. The garment is constructed from eight panels sewn together lengthwise. It features long sleeves without cuffs; a full front opening secured by four buttons; a decorative piece of fabric at both sides of the waist that mimics pockets; lapels and a center back vent. This style will be sold in sizes 14W-24W and will coordinate with pants of the same fabric, but sold separately.

All of the garments extend below mid-thigh. It is your contention that these garments are correctly classifiable under heading 6204, HTS, as suit-type jackets because they are made from suiting fabric, are tailored and are styled to be included as part of a women’s career collection.

Heading 6204, HTSUSA, covers, inter alia, “[w]omen’s and girls’ suits, ensembles, suit-type jackets.” The Explanatory Notes (EN) to heading 6204, HTS, state that the provisions of the EN to heading 6103, HTSUSA, apply mutatis mutandis to the articles of heading 6204, HTS. The EN to Chapter Note 3 (a) provide that the suit coat or jacket “designed to cover the upper part of the body has a full front opening without a closure or with a closure other than a slide fastener (zipper). It does not extend below the mid-thigh area and is not for wear over another coat, jacket or blazer.” (Emphasis added.) It is Customs determination that suit-type jackets are subject to the same length restriction.

The submitted garments are intended to be worn as part of a woman’s suit but the length of the jacket extends approximately to the knee. Since the jacket extends below the mid-thigh area, classification under heading 6204, HTS, is precluded.

Heading 6211, HTSUSA, provides for “[t]rack suits, ski suits and swimwear; other garments.” Having been excluded from classification in prior headings of Chapter 62, the jackets are classifiable in the basket provision for this chapter as an “other garment.”

The applicable subheading for styles CN49120, CN49154, CN55227, CN49085 and CN51018 will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments: other garments, women’s or girl’s: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16.2 percent ad valorem.

Styles CN49120, CN49154, CN55227, CN49085 and CN51018 fall within textile category designation 635. Based upon international textile trade agreements products of China 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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