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NY N025857




April 18, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0078; 6211.41.0055

Ms. Maristella Iacobello
Phillips Van Heusen Corp.
200 Madison Avenue
New York, NY 10016

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

Dear Ms. Iacobello:

In your letter dated April 7, 2008, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #2149, is a woman’s jacket constructed from 64% polyester, 33% rayon and 3% spandex woven fabric. The jacket extends from the shoulder to slightly below the waist and is composed of three panels. The jacket features a collar, ¾ length sleeves with cuffs, a full lining, a full front opening secured by four buttons, a self-fabric tie belt, two non-functional pockets and a hemmed bottom.

Submitted sample, style #5513, is a woman’s jacket constructed from 60% wool and 40% viscose woven fabric. The jacket extends from the shoulder to slightly below the waist and is composed of four panels. The jacket features a collar, ¾ length sleeves, a buttoned detachable tab on each shoulder, a full lining, a full front opening secured by five buttons, a self-fabric tie belt and four loops, two pockets at the waist and a hemmed bottom.

The applicable subheading for the style #2149 will be 6211.43.0078, 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 man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 percent ad valorem. The applicable subheading for the style #5513 will be 6211.41.0055, Harmonized Tariff Schedule of the United States (HTSUS), which provided for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of wool or fine animal hair: jackets and jacket-type garments excluded from heading 6202.

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 2149 falls within textile category 635 and style 5513 falls within textile category 435. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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