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NY M85903




September 5, 2006

CLA-2-62:RR:NC:N3:360 M85903

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030

Ms. Jean Gong
McNaughton Apparel Group Inc.
498 Seventh Avenue
9th Floor
New York, NY 10018

RE: The tariff classification of women’s shirt jackets from China

Dear Ms. Gong:

In your letter dated August 22, 2006, you requested a tariff classification ruling on behalf of Norton. The submitted sample will be returned to you, as requested.

Style G7VZ5V is a woman’s woven upper body garment constructed from 97% polyester and 3% spandex moleskin fabric. The garment extends to the hips and features long sleeves with cuffs, a pointed collar, shoulder pads, a banded bottom and a full front opening secured by six buttons. The cuffs and the front hem have metal eyelet trim.

You have suggested classifying this garment under subheading 6204.33.5010, HTSUS, which provides for women’s suit-type jackets or blazers. This garment is a hybrid garment presenting features of both a blouse and jacket. The garment however lacks the tailored styling and silhouette of a suit-type jacket and its overall styling and fit is that of a blouse.

The applicable subheading for style G7VZ5V will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The duty rate will be 26.9 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 G7VZ5V falls within textile category designation 641. 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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