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NY N011312




June 8, 2007

CLA-2-61: RR: NC: 3: 359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.39.1000

Mr. Joseph Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Mr. Hoffacker:

In your letter dated May 14, 2007 you requested a classification ruling on behalf of your client Sugartown Worldwide Inc. As requested, your sample is being returned to you.

The submitted sample, style 66197, is a woman’s suit-type jacket that is constructed from 81% rayon, 16% nylon, and 3% spandex knitted fabric. The jacket is tailored, fully lined with a woven fabric, and has three or more panels, of which two are at the front sewn together lengthwise. The garment features a stand-up collar, long hemmed sleeves with a vent opening and non functional button at the wrist area, a full front opening with five button closures, and a buttoned non functional pocket at either side of the front waist area. The jacket extends to the waist and has a pleat at the lower center back.

The applicable subheading for the suit-type jacket will be 6104.39.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, trousers, bib and brace overalls, breeches and shorts, knitted or crocheted: suit-type jackets and blazers: 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/.

The suit-type 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 Francine Vivona-Brock at 646-733-3059.

Sincerely,

Robert B. Swierupski
Director,

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