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NY M85413




August 17, 2006

CLA-2-62:RR:NC:N3:360 M85413

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0078

Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

RE: The tariff classification of a woman’s jacket from China

Dear Ms. Carol Robertson:

In your letter dated July 18, 2006, you requested a classification ruling on behalf of Nygard International Partnership.

The submitted sample, style 6/S581 13421, is a woman’s jacket constructed from 63 percent polyester, 32 percent rayon and 5 percent spandex woven fabric. The fully lined jacket features long sleeves, a collar, on seam pockets at the waist, shoulder pads and a full front zippered opening.

In your letter you suggest that the garment is classifiable as a knitted garment under subheading 6114.30.3070, HTSUS. Style 6/S581 13421 is constructed from woven fabric and is properly classified under subheading 6211.43.0078, HTSUS.

The applicable subheading for style 6/S581 13421 will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 percent 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/.

Style 6/S581 13421 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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