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NY N013080




November 5, 2007

CLA-2-61:OT:RR:NC:TA:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.33.2000

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

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

Dear Mr. McManus:

In your letter dated June 14, 2007, on behalf of your subsidiary, Itochu Prominent USA LLC, 1411 Broadway, 7th floor, New York, NY, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample style 67134 is a woman’s tailored suit-type jacket that has three panels, of which two are in the front, sewn together lengthwise. You state that the garment is constructed from 100% polyester brushed knit fabric coated with polyurethane and that in its imported condition, it will be approximately 75% polyester, 25% polyurethane. The garment features a round neckline, long sleeves with wide banded cuffs, a full front opening with 4 snap closures, 2 front patch pockets at the waist, and a hemmed bottom.

The laboratory of Customs and Border Protection, (CBP), determined that the garment is composed of two light green polyester fabrics bonded together with a binder, and that the garment has an application of rubber/plastic material on the outer surface. The garment fabric on the underside is uncoated and of a warp knit cut pile construction.

Chapter Note 1 to Chapter 60 of the Harmonized Tariff Schedule of the United States (HTSUS), states in part: “1(c)knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.” Heading 6001 governs the classification of knit pile fabrics. Application of this Chapter Note to garments dictates that garments of bonded fabric, of which one layer is knit pile, are to be treated as garments of knit pile construction for purposes of tariff classification.

The applicable subheading for the suit-type jacket will be 6104.33.2000, HTSUS, which provides for women’s suit-type jackets, knitted: of synthetic fibers: other. The duty rate will be 28.2% 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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