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NY N018706




November 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.33.2000

Ms. Bernadette Purcell
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

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

Dear Ms. Purcell:

In your letter dated October 17, 2007, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, Item number A75963, is a woman’s tailored suit-type jacket. The garment has more than three panels, two of which are in the front, sewn together lengthwise. The garment is constructed of an embroidered fabric characterized by a floral motif embroidered on a 100% nylon knitted ground fabric. The embroidery yarns are 100% cotton while the ground fabric is 100% nylon. The garment has a 100% polyester lining. The suit-jacket features shoulder pads, a notched lapel collar, long hemmed sleeves with 4 non-functional buttons at the cuff, a full front opening with 2 button closures, 2 front inset flap pockets with one button closures at the waist, and a hemmed bottom.

Subheading Note 2(B)(c) to Section XI of the Harmonized Tariff Schedule of the United States (HTSUS), provides the manner in which embroidered articles are to be treated as follows: In the case of embroidery of heading 5810 and goods thereof, only the ground fabric (which in this case is man-made fiber knit) shall be taken into account. Therefore, based on this note, the garment is classified based upon the ground fabric – as a man made fiber suit-type jacket.

The applicable subheading for the suit-type jacket will be 6104.33.2000, Harmonized Tariff Schedule of the United States (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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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