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NY N025961




April 17, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6204.31.2010; 6204.32.2030

Mr. Timothy T. Murphy
B2X Corporation
10 Exchange Place
Jersey City, New Jersey 07302

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

Dear Mr. Murphy:

In your letter dated April 8, 2008, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #G(Z)123853, is a woman’s suit-type jacket constructed from 75% polyester, 21% rayon and 4% spandex woven fabric. The suit-type jacket extends from the shoulder to slightly below the waist and is composed of more than four panels. The suit-type jacket features a collar and lapels, a full lining, long sleeves, a full front opening secured by three buttons and a hemmed bottom.

Submitted sample, style #G123829, is a woman’s suit-type jacket constructed from 50% wool, 30% viscose and 20% silk woven fabric. The suit-type jacket extends from the shoulder to slightly below the waist and is composed of more than four panels. The suit-type jacket features a collar and lapels, long sleeves, a full lining, a full front opening secured by three buttons and a hemmed bottom. The jacket also has contrasting colored piping around the collar, lapels, front opening and bottom of the garment.

Submitted sample, style #G115351, is a woman’s suit-type jacket constructed from 65% cotton, 32% polyester and 3% spandex woven fabric. The suit-type jacket extends from the shoulder to slightly below the waist and is composed of more than four panels. The suit-type jacket features a collar and lapels, long sleeves, shoulder pads, a full lining, a full front opening secured by three buttons, two pocket with flaps at the waist and a hemmed bottom. The jacket also has contrasting colored trim around the collar and lapels, front opening, pockets and around the bottom of the garment.

Submitted sample, style #G119540, is a woman’s suit-type jacket constructed from 37% acrylic, 28% wool, 16% viscose, 16% polyester, 2% nylon and 1% spandex woven fabric. The suit-type jacket extends from the shoulder to slightly below the waist and is composed of more than four panels. The suit-type jacket features a collar and lapels, long sleeves with buttoned cuffs, a full front opening secured by two buttons, two pockets at the waist and a hemmed bottom.

The applicable subheading for the styles G(Z)123853 and G119540 will be 6204.33.5010, 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 overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of synthetic fibers: other: women’s. The duty rate will be 27.3 percent ad valorem.

The applicable subheading for the style G123829 will be 6204.31.2010, 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 overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of wool or fine animal hair: other: women’s. The duty rate will be 17.5 percent ad valorem.

The applicable subheading for the style G115351 will be 6204.32.2030, 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 overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of cotton: other: other: women’s. The duty rate will be 9.4 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 G(Z)123853 and G119540 fall within textile category 635, style G123829 falls within textile category 435 and style G115351 falls within textile category 335. 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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