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NY N013816




July 19, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.31.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
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 July 2, 2007, on behalf of Revue LLC, 512 7th Avenue, New York, NY 10018, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style 749294S, is a woman’s tailored suit-type jacket that is constructed from 86% wool, 9% polyester, 5% metallic knit fabric. The garment has three panels, two of which are in the front, sewn together lengthwise and features the following: a round neckline, shoulder pads, long sleeves with hemmed one button cuffs, a full front opening with 3 button closures, 2 front side entry pockets at the waist, an elongated back pleat, and a hemmed bottom. The cuff and placket buttons are self-fabric covered.

Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic is considered an “other fiber”, for purposes of classification at the six and eight digit levels. Based on examination of the garment, it is constructed using two yarns, only one of which includes metallic fibers. That yarn, which is made from polyester and metallic fibers, makes up 14 percent of the fabric, and is considered an “other fiber”. As such, the fiber content of the garment may be stated as 86% wool and 14% “other fibers” for classification purposes. The garment is, therefore, considered to be chief weight of wool.

The applicable subheading for the suit-type jacket will be 6104.31.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s suit-type jackets, knitted: of wool or fine animal hair. The duty rate will be 54.8 cents/kg + 16% 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 435. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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