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NY N010828




May 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0078

Ms. Krystal Mehnert
The Donna Karan Company LLC
580 Gothan Parkway
Carlstadt, NJ 07072

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

Dear Ms. Mehnert:

In your letter dated May 3, 2007, you requested a classification ruling. Your sample will be returned as requested.

Submitted sample, style #N37338A5B, is a woman’s jacket constructed from 78% rayon and 22% silk woven fabric. The fully lined garment extends from the shoulders to the waist. The garment is collarless and features short sleeves with oversized armhole, v-neckline, and full front opening secured by one button and a hemmed bottom. The garment is designed to be worn over another outer wear garment.

The applicable subheading for the style N37338A5B 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 N37338A5B 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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