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NY N027109




May 9, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.41.0055; 6202.11.0010

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

RE: The tariff classification of women’s jackets from Hong Kong

Dear Ms. Iacobello:

In your letter dated April 25, 2008, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #NW1831, is a woman’s jacket constructed from 70% wool and 30% nylon woven fabric. The jacket extends from the shoulder to slightly below the waist and is composed of more than four panels. The jacket features a stand-up collar, oversized arm openings with no defined sleeves, a full front opening secured by four buttons, two on seam pockets, a full lining and a hemmed bottom.

The sample submitted, style #NW1838, is a woman’s coat-styled pullover outerwear garment, with a shell composed of 100% wool woven fabric. The garment extends to the knee area in length and has a funnel collar and no opening at the front, is close and narrow at the shoulders and flares from the under the arms in an A-shape to the bottom hem. The garment has wide ¾ length sleeves, a self-fabric belt with a buckle at the waist area that is fastened to the front of the garment by two slit openings, two front on-seam pockets below the waist and a straight cut hemmed bottom.

The applicable subheading for the style NW1831 will be 6211.41.0055, 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 wool or fine animal hair: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 12 percent ad valorem.

The applicable subheading for the style NW1838 will be 6202.11.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including padded, sleeveless jackets), other than those of heading 6204: overcoats, carcoats, capes, cloaks and similar coats: of wool or fine animal hair: women’s. The duty rate will be 41 cents/kg + 16.3 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/.

Both styles fall 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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