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NY N008190




April 11, 2007

CLA-2-61:RR:NC:TA:357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9030

Mr. John F. McManus
Itochu International Inc.
335 Madison Ave.
New York, NY 10017

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

Dear Mr. McManus:

In your letter dated March 9, 2007, on behalf of your wholly owned subsidiary Itochu Prominent USA LLC, you requested a classification ruling. The sample you submitted will be returned as you requested.

The item in question, style 59132, is a women’s jacket made from a 100% polyester knit fabric that has been coated on the outside surface and then has had flock applied, creating a sueded effect. The jacket has a full front opening with five metal buttons, pockets with button-through flaps at the waist, button-through flaps without pockets in the chest, a standup collar and a ruffle trim on the collar, cuffs and waist and along the front opening.

In your letter you suggested classification of this jacket in HTS subheading 6113.00.1010, which applies to certain garments having no textile on the exterior surface of the fabric. In this case the flock fiber on the outer surface precludes classification in that subheading.

The applicable subheading for style 59132 will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s or girls’ coats and jackets made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.1 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/.

This jacket falls within textile category 635. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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