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NY N026366




April 24, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.32.2030

Ms. Christine R. Marren
Charming Shoppes, Inc
3750 State Road
Bensalem, PA 19020

RE: The tariff classification of a woman’s suit-type jacket from Vietnam

Dear Ms. Marren:

In your letter dated April 15, 2008, you requested a classification ruling. Your sample will be returned as requested.

Submitted sample, style #170-189900, is a woman’s suit-type jacket constructed from 81% cotton, 17% polyester and 2% spandex woven denim 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 detachable, buttoned tabs, a full front opening secured by four buttons, two chest pockets with buttoned flaps, two pockets at the waist, a detachable belt in the rear and a hemmed bottom. The suit-type jacket is sewn with contrasting colored thread.

In your letter you suggest a classification of subheading 6202.92.2061, HTSUS. The jacket lacks characteristics to be classified as a woman’s cotton anorak. The jacket is properly classified under heading 6204, HTS.

The applicable subheading for the style 170-189900 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-types 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/.

Style 170-189900 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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