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NY L86241





August 24, 2005

CLA-2-61:RR:NC:TA:359 L86241

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.39.1000

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a women’s openwork bolero jacket from China

Dear Ms. Fox:

In your letter dated August 2, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

You submitted a sample of the garment, identified as style JD-5137. The bolero style jacket is made of 75% rayon and 25% nylon openwork knit fabric. It features long sleeves, a full front opening with no means of closure, a jewel styled neckline and a three-panel construction. The two front panels and the back panel are sewn lengthwise to form the body of the garment.

The applicable subheading for style JD-5137 will be 6104.39.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s suit-type jackets and blazers: Of other textile materials: Of artificial fibers. The duty rate will be 24% ad valorem.

JD-5137 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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