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NY M85511




August 24, 2006

CLA-2-62:RR:NC:TA:N3:356 M85511

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0058

Mr. Daniel J. Gluck
Serko Simon Gluck & Kane LLP
1700 Broadway, 31st Floor
New York, NY 10019

RE: The tariff classification of a men’s woven jacket-type garment from China.

Dear Mr. Gluck:

In your letter dated July 27, 2006, you requested a tariff classification ruling on behalf of G & B Clothing. As requested, your sample will be returned.

The submitted garment, Model #01, DES. #5W45, is a men’s tailored jacket that extends from the shoulders to the ankles. The garment is constructed from 65% polyester, 35% rayon, woven fabric and is fully lined with 100% polyester, woven fabric. Model #01, DES. #5W45 is made to men’s specifications and features a notched lapel style collar; eight panels sewn together lengthwise; long, hemmed sleeves with three decorative buttons on the sleeve placket; a double breasted full front opening; three buttons and three buttonholes on both the left and right front panels; a button on the inside right front panel; two pockets with flaps below the waist; two welt pockets on the inner front panels; and a hemmed bottom. Although the garment can be buttoned in both directions, it is traditionally buttoned right over left and is worn by Hasidic Jewish men during prayer and religious services both in the synagogue and at home.

The applicable subheading for Model #01, DES. #5W45 will be 6211.33.0058, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear: other garments: other garments men’s or boys’: of man-made fibers: jackets and jacket-type garments excluded from heading 6201: The rate of duty is 16% 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/.

Model #01, DES. #5W45 falls within textile category designation 634. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski

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