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NY N009068




April 5, 2007

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6202.92.2061

Ms. Ruth Hayd
Kohl’s Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

RE: The tariff classification of women’s jackets from Philippines and Vietnam

Dear Ms. Hayd:

In your letter dated March 28, 2007, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #NN8602, is a woman’s suit-type jacket constructed from 63% polyester, 33% rayon and 4% spandex woven fabric. The garment extends from the shoulders to the waist and is fully lined. The garment features a round neckline, ¾ length sleeves with ruffled cuffs and full front opening secured by four buttons.

Submitted sample, style number NN8618B, is a woman’s hip-length jacket with a shell composed of a woven 98% cotton/2% spandex woven fabric. The jacket is lined with a man-made fiber woven fabric. The jacket is a fitted garment, and has a double-breasted full front opening secured by a right-over-left, six-button closure, three-quarter length sleeves with a banded cuff, a fold-down collar, a horizontal seam surrounding the waist area and a straight cut hemmed bottom. The jacket has pleats on the lower portion of the front and rear panels and on the lower portion of the sleeves.

The applicable subheading for the style NN8602 will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overall, breeches and shorts (other than swimwear): suit-type jackets and blazers: of synthetic fibers: other: women’s. The duty rate will be 27.3 percent ad valorem.

The applicable subheading for the style NN8618B will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ overcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of cotton: other: other: other: other: women’s. The duty rate will be 8.9 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 NN8602 falls within textile category 635 and style NN8618B falls within textile category 335. 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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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