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NY M82486




May 2, 2006

CLA-2-61:RR:NC:TA:359 M82486

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.39.1000

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

RE: The tariff classification of a woman’s suit-type jacket from Hong Kong

Dear Ms. Fox:

In your letter dated April 10, 2006, on behalf of Jones Apparel Group, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number CFPG22408, is a woman’s tailored suit-type jacket that is constructed from 65% rayon, 35% nylon knit fabric (portions of the front, the entire sleeves, large portion of the back panel) and 69% wool, 20% nylon, 8% silk, 1% spandex, 2% other fibers (portions of the front, the sides, the collar, the pockets). The garment has more than three panels. They are sewn together lengthwise. The garment features a notched-lapel collar, long ribbed sleeves, a full front opening with a 3-button closure, and patch pockets in the waist area. The knit fabric, other than the sleeves, is constructed from cable knit fabric.

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

The applicable subheading for the suit-type jacket will be 6104.39.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s suit-type jackets, knitted: of other textile materials: of artificial fibers. The duty rate will be 24% 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/.

The jacket 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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