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NY M85674




August 23, 2006

CLA-2-61:RR:NC:TA:359 M85674

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.39.1000

Laurence M. Friedman
Kevin W. Leonard
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th flr
New York, NY 10022-4877

RE: The tariff classification of a women’s suit-type jacket from China

Dear Mssrs. Friedman and Leonard:

In your letter dated August 9, 2006, you requested a classification ruling on behalf of Ann Taylor, Inc.

A sample of a women’s garment, identified as style 152374, was submitted and will be returned.

The garment is constructed of 78% rayon, 19% nylon and 3% spandex finely knit fabric. The garment features ¾ length sleeves, a large pointed collar, and a hook and eye closure at mid-chest. The bottom of the garment reaches to slightly below the bosom and does not touch the waist at any point. It is constructed of three knit panels that are assembled lengthwise.

The applicable subheading for style 152374 will be 6104.39.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ suits, ensemblessuit-type jackets, knitted or crocheted: Suit-type jackets and blazers: 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/.

Style 152374 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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