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NY N020991




January 10, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0075; 6204.62.4021; 6110.20.2079

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

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

Dear Ms. Purcell:

In your letter dated December 14, 2007, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #A78075, is a woman’s jacket constructed from 97% cotton and 3% spandex woven fabric. The jacket is collarless and features ¾ length sleeves, a full front opening secured by five buttons, two pockets with buttoned flaps below the waist and a hemmed bottom.

Submitted sample, style #A78075, is a pair of women’s pants constructed from 97% cotton and 3% spandex woven fabric. The pants have a partially elasticized waistband with belt loops, a front zipper, a button closure above the zipper and two front pockets. The pants extend below the knee with a hemmed bottom.

Submitted sample, style #A78075, is a woman’s pullover constructed from 95% cotton and 5% spandex jersey knit fabric. You have indicated that the fabric weighs 240 grams per square meter. The cut and sewn pullover features a scooped front neckline, capping at the front and back neckline, short hemmed sleeves, and a hemmed straight bottom.

The applicable subheading for the jacket 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 pants will be 6204.62.4021, 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 overall, breeches and shorts (other than swimwear): trousers, bib and brace overall, breeches and shorts: of cotton: other: other: other: other: other. The duty rate will be 16.6 percent ad valorem.

The applicable subheading for the pullover will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: women’s or girls’: other. The duty rate will be 16.5 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/.

The jacket falls within textile category 335, the pants fall within textile category 348 and the pullover falls within textile category 339. 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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