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NY N020529





December 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0075; 6211.49.9080

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Mr. Hoffacker:

In your letter dated November 30, 2007, you requested a classification ruling on behalf of Revue LLC. Your samples will be returned as requested.

Submitted sample, style #810293, is a woman’s jacket constructed from 100% cotton woven fabric. The jacket is fully lined and features a collar, long sleeves, shoulder pads, a full front opening secured by five buttons, smocking on the front and back yokes and a hemmed bottom. The jacket extends from the shoulder to just below the waist.

Submitted sample, style #810258, is a woman’s jacket constructed from 100% cotton woven fabric. The fully lined jacket features a scooped neckline, ¾ length sleeves with cuffs, shoulder pads, a full front opening secured by four snap closures and a buckle at the banded bottom and pockets at the waist. The garment extends from the shoulders to the waist.

Submitted sample, style #810239, is a woman’s jacket constructed from 100% linen woven fabric. The jacket features a collar and lapels, short sleeves with an elasticized hem, shoulder pads, a full front opening secured by a one snap closure and a non-functional button and a hemmed bottom. The garment extends from the shoulders to the waist.

Submitted sample, style #810281, is a woman’s jacket constructed from 100% linen woven fabric. The jacket features a collar, long sleeves, shoulder pads, a full front opening secured by three buttons, four front pleats on the front panels, one rear centered pleat and a hemmed bottom.

The applicable subheading for the styles 810293 and 810258 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 styles 810239 and 810281 will be 6211.49.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garment, women’s or girls’: of other textile materials: other: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 7.3 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 810293 and 810258 fall within textile category 335 and styles 810239 and 810281 fall within textile category 835. 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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