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NY J84152

June 23, 2003

CLA-2-62:RR:NC:3:353 J84152


TARIFF NO.: 6217.90.9035

Ms. Sophia Spoltore
Milgram Freight Services Limited
407, rue McGill, Suite 500
Montreal, Quebec
Canada H2Y 2G7

RE: The tariff classification of a ”Chest Piece for a Men’s Suit” from Canada.

Dear Ms. Spoltore:

In your letter dated May 23, 2003, on behalf of Interforme Interlinings Inc, you requested a tariff classification ruling.

The submitted sample is a Model 405 and 406 “Chest Piece for Men’s Suits” that consists of four cut-to-shape pieces that have been sewn together and form a unit that will be sewn into a man’s suit underneath the outer shell. The four layers consist of an Outshell, Shoulder Reinforcement, Chest and Felt. The Outshell is constructed of woven 36% cotton, 34% viscose, 17% wool and 13% common goat hair fabric; the Shoulder Reinforcement is constructed of woven 55% horse hair and 45% cotton fabric; the Chest is constructed of woven 28% cotton, 23% viscose filament, 20% horse hair, 15% polyester and 14% viscose fabric; the Felt is constructed of nonwoven 100% polyester fabric.

Section XI Subheading Note 2 (A) states that “Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 or of heading 5809 consisting of the same textile materials.” Section XI Note 2 (A) states “Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.”

The Model 405 and 406 “Chest Piece for Men’s Suits” is comprised of a Outshell of cotton weighing 41.2% of the whole; a Shoulder Reinforcement of horse hair weighing 8.3% of the whole; a Chest of man-made fibers weighing 36.4% of the whole; and a Felt of man-made fibers weighing 14.1% of the whole. The Chest and Felt of man-made fibers weigh 50.5% of the whole and impart the essential character.

The applicable subheading for the Model 405 and 406 “Chest Piece for Men’s Suits” will be 6217.90.9035, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garmentsParts: Other, Of coats and jackets: Of man-made fibers.” The general rate of duty will be 14.7% ad valorem.

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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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