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NY N016240




September 5, 2007

CLA-2-62:NC:TA:357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020; 6210.30.5000; 6114.30.3070; 6110.30.3059

Mr. Charles Merendino
Mersant International Ltd.
158-12 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of four women’s upper body garments from China and Vietnam

Dear Mr. Merendino:

In your letter dated August 20, 2007, on behalf of Danskin, Inc., you requested a classification ruling.

Style 9782 is a women’s outerwear jacket made from a woven fabric described as “55% polyester/45% polyurethane.” Examination of the fabric indicates that it has a visible coating on the inner surface that we assume is the polyurethane portion, and we further assume for purposes of this reply that the actual textile fiber content is 100% polyester. This jacket has a center back length of approximately 25-inches. It has a full front opening secured by a two-way zipper that extends to the top of the collar, a roll-up hood, front zippered pockets at the waist, hook and loop tabs at the sleeve ends and elasticized drawstrings at the bottom hem and in the hood.

Style 9553 is a women’s 34-inch outerwear garment with a raincoat sweep, extending to approximately the knee. It is made from a woven fabric described as “55% polyester/45% polyurethane.” Examination of the fabric indicates that it has a visible coating on the inner surface that we assume is the polyurethane portion, and we further assume for purposes of this reply that the actual textile fiber content is 100% polyester. It has a full front opening secured by a two-way zipper that extends to the top of the collar, a roll-up hood, front zippered pockets at the waist, hook and loop tabs at the sleeve ends and elasticized drawstrings at the waist and in the hood.

Style 8230 is made from a 93% polyester/7% spandex knit fabric. It has a full front opening with a two-way zipper closure that extends to the top of the collar, long sleeves with shirring in the seams and an elasticized bottom hem and sleeve ends. This garment does not reach the waist, being approximately 14-inches in length.

Style 9546 is made from a 74% polyester /24% Cocona™ knit fabric. This garment has a full front opening with a two-way zipper closure, a standup collar, zippered pockets at the waist and in the chest and contrasting piping in the body seams.

Style 9546 will be made in Vietnam, while the other garments will be made in China.

The applicable subheading for style 9782 will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s or girls’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: Anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style 9553 will be 6210.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s or girls’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: Other garments, of the type described in subheadings 6202.11 to 6202.19. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style 8230 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s or girls’ knitted or crocheted garments, of man-made fibers. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for style 9546 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s or girls’ sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers. The duty rate will be 32 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/.

Styles 9782 and 9553 fall within textile category 635; style 8230 falls within category 659; style 9546 falls within category 639. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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