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NY J83659

May 7, 2003

CLA-2-62:RR:NC:N3:360 J83659


TARIFF NO.: 6204.31.2010

Alan Siegal
Genghis Khan Freight Service Inc.
161-15 Rockaway Boulevard
Suite 306
Jamaica, NY 11434

RE: The tariff classification of a women’s woven blazer from Hong Kong

Dear Mr. Siegal:

In your letters dated April 2, 2003 and April 17, 2003, you requested a classification ruling on behalf of William Rondina Inc. The sample submitted with your request will be returned to you under separate cover.

Style 105078 is a tailored women’s blazer constructed from woven fabric and leather components. The sleeves, back panel and side panels are made from 74% wool, 16% angora and 10% nylon woven fabric and the front panels are made from suede leather. The garment extends from the shoulders to the thigh and features long sleeves without cuffs, two patch pockets below the waist, a chest pocket, lapels, and a full front opening secured by three buttons.

It is your contention that the garment is classifiable as a leather jacket under subheading 4203.10.4060, HTS. The garment is properly classified under subheading 6204.31.2010, HTS, for the following reasons.

The General Rules of Interpretation (GRI’s) govern classification of goods under the HTS. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI’s taken in order.

GRI 3(a) provides that where two or more headings each refer to part only of an article, classification is determined using a GRI 3(b) analysis. GRI 3(b) states that the material or component which imparts the essential character to an article will determine classification.

You have submitted weight, value and surface area information for the leather and woven portions of the garment. Based on the criteria set forth in Headquarters Memorandum 084118 of April 13, 1989, and the information you provided, it is Customs opinion that neither the leather nor the woven component imparts the essential character to the garment. The garment, therefore, will be classified using GRI 3(c), which states that classification is based upon the provision which occurs last in numerical order among those which equally merit consideration. As such, the garment is classifiable under the subheading in 6204, HTS, for wool blazers.

The applicable subheading for style 105078 will be 6204.31.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s suit-type jackets and blazers, of wool or fine animal hair. The duty rate will be 4.6 cents/kg + 17.8 % ad valorem.

Style 105078 falls within textile category designation 435. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Patricia Schiazzano at 646-733-3051.


Robert B. Swierupski

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