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NY K81998

December 19, 2003

CLA-2-62:RR:NC:N3:360 K81998


TARIFF NO.: 6204.39.3010

Mr. Steve Allan
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Avenue - Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a woman's jacket from China

Dear Mr. Allan:

This letter replaces the ruling letter we sent to you under file number K81596. The purpose of this replacement letter is to correct the classification which was based on chief weight of synthetic fibers rather than artificial fibers. A corrected letter follows.

In your letter dated November 26, 2003, you requested a ruling on tariff classification. The sample submitted with your request has been returned to you under separate cover.

Style ST89016 is a woman’s jacket constructed from 71 percent triacetate and 29 percent polyester woven fabric. The jacket features long sleeves with vents, a mandarin collar, side vents and a full front opening secured by four hook and eye closures. You have indicated that coordinating pants, skirts and tops will also be available in identical fabric and color.

You have proposed classification of this garment as a jacket-like garment under heading 6211, HTS. There is nothing in the construction of this garment that would preclude it’s classification as a suit-type jacket/blazer under heading 6204, HTS, the more specific heading.

The applicable subheading for style ST89016 will be 6204.39.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ 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 artificial fibers: other: women’s. The rate of duty will be 27.5 percent ad valorem. Effective January 1, 2004, the rate of duty will be 27.3 percent ad valorem.

Style ST89016 falls within textile category designation 635. Based upon international textile trade agreements products of China are currently subject to quota restraints 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.).

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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