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NY N016923




September 17, 2007

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.32.2030

Ms. Darlene Irish
Talbots Import, LLC
1 Talbots Drive
Hingham, MA 02043

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

Dear Ms. Irish:

In your letter dated September 10, 2007, you requested a classification ruling. Your sample will be returned as requested.

Submitted sample, style #82191138, is a woman’s suit-type jacket constructed from 74% cotton, 22% rayon and 2% spandex woven fabric. The web belt is constructed from 100% polyester woven fabric. The garment features a collar, short sleeves, a full front opening secured by three buttons, one faux chest pocket with a buttoned flap, two pockets with buttoned flaps below the waist and three self-fabric belt loops. This garment will be imported in misses, petites, women’s and women’s petite sizes. You have indicated that each size range will be identified by a suffix attached to the style number.

The jacket and belt are considered a composite good. For such articles, classification is determined by the portion that provides the essential character. For this style, the jacket imparts the essential character; therefore, the jacket will be classified based upon GRI 3(b), which states that garments will be classified by the component which gives them their essential character.

The applicable subheading for the style #82191138 will be 6204.32.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and short (other than swimwear): suit-type jackets and blazers: of cotton: other: other: women’s. The duty rate will be 9.4 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 82191138 falls within textile category 335. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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