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NY N015521





August 13, 2007

CLA-2-62:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.31.9020; 6209.90.0500

Mr. Peter Salvato
Import Commodity Group LTD
131 East Merrick Road
Valley Stream, NY 11580

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

Dear Mr. Salvato:

This ruling replaces N012562, dated July 2, 2007, on behalf of your client Impact Imports, International, which contained a clerical error with regard to the textile category for boy’s suit-type jackets. A corrected ruling follows.

The submitted style WB5007T is a toddler boy’s woven suit-type jacket constructed of 50% wool, 40% rayon and 10% polyester woven fabric. The jacket features lapels, long sleeves, and a two button left over right closure, a hemmed bottom, flap closure pockets, patch elbows and a woven polyester liner. The jacket will also be imported in infant’s sizes.

The applicable subheading for style WB5007T (toddler sizes) will be 6203.31.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts: suit-type jackets and blazers: of wool or fine animal hair :other, other . The duty rate will be 17.5 percent ad valorem.

The applicable subheading for style WB5007T (infant sizes) will be 6209.90.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories: of other textile materials: of wool or fine animal hair. The duty rate will be 31.8 cents per kg. and 14.4 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 WB5007T (toddler size) falls within textile category 433. Style WB5007T (infant size) falls within textile category 439. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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