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NY N019816





December 4, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0075; 6206.30.3041

Mr. Timothy T. Murphy
B2X Corporation
101 Hudson Street, 36th Floor
Jersey City, NJ 07302

RE: The tariff classification of women’s garments from China

Dear Mr. Murphy:

In your letter dated November 12, 2007, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #1803243, is a woman’s jacket constructed from 97% cotton and 3% spandex woven fabric. The garment extends from the shoulder to slightly below the waist and features a collar, long sleeves with buttoned cuffs, a full front opening secured by five buttons, two chest pockets, two pockets at the waist and a band bottom.

Submitted sample, style #1803238, is a woman’s jacket constructed from 55% cotton and 45% polyester woven fabric. The jacket extends from the shoulder to slightly below the waist and features a stand-up buttoned collar, long sleeves with roll-up buttoned cuffs, a full front opening secured by five buttons, two patch chest pockets with buttoned tabs, two pockets at the waist and a band bottom.

Submitted sample, style #1804205, is a woman’s blouse constructed from 55% cotton and 45% polyester woven fabric. The blouse features a notched collar, long sleeves, a full front opening secured by four buttons and a hemmed bottom.

In your letter you suggest, for style #1803238, a classification of subheading 6202.92.2061, HTSUS. The garment lacks characteristics to be classified as a woman’s cotton anorak. The jacket is properly classified under heading 6211, HTS. You also suggest, for style #1804205, a classification of subheading 6204.32.2030, HTSUS. The blouse is properly classified under heading 6206, HTS.

The applicable subheading for the styles 1803243 and 1803238 will be 6211.42.0075, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls: of cotton: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the style 1804205 will be 6206.30.3041, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of cotton: other: other: other: other: women’s. The duty rate will be 15.4 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/.

Styles 1803243 and 1803238 fall within textile category 335 and style 1804205 falls within textile category 341. 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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