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NY N008773




April 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.41.0055; 6211.43.0078; 6204.32.2030

Mr. Michael Skidmore
Michael J. Skidmore, Customs Consultant
103 Greenleaf Street
Quincy, MA 02169

RE: The tariff classification of women’s jackets from China

Dear Mr. Skidmore:

In your letter dated March 20, 2007, you requested a classification ruling on behalf of Johnny Appleseed’s, Inc. Your samples will be returned as requested.

Submitted sample, style #A01640, is a woman’s jacket constructed from 100% wool woven fabric. The fully lined garment extends from the shoulders to slightly below the waist. The garment features a collar, long sleeves, shoulder pads, two side seam pockets, and a full front zippered opening.

Submitted sample, style #A01693, is a woman’s jacket constructed from 100% polyester woven fabric which has been brushed to give the texture and appearance of suede. The unlined garment extends from the shoulders to slightly below the waist. The garment features a standup collar, long sleeves, two zippered pockets beneath the waist, a full front zippered opening and three inch vents on each side. The garment also features contrasting colored facing.

Submitted sample, style #A01634, is a woman’s suit-type jacket constructed from 97% cotton and 3% spandex woven fabric. The unlined garment features a standup collar, long sleeves with buttoned cuffs, two patch pockets at the waist, and a full front opening secured by five buttons. The garment is composed of five panels.

Submitted sample, style #A01670, is a woman’s suit-type jacket constructed from 100% cotton woven fabric. The unlined garment features a collar, long sleeves, two chest pockets, two side seam pockets below the waist and a full front opening secured by six buttons. The garment is composed of more than four panels.

The applicable subheading for the style A01640 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 A01693 will be 6211.43.0078, Harmonized Tariff Schedule of the United State (HTSUS), which provided for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 percent ad valorem.

The applicable subheading for the styles A01634 and A01670 will be 6204.32.2030, Harmonized Tariff Schedule of the United State (HTSUS), which provided for women’s or girls’ suits, ensembles, 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 cotton: other: other: women’s. The duty rate will be 9.4 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/.

Style A01640 falls within textile category 435; style A01693 falls within textile category 635 and styles A01634 and A01670 fall within textile category 335. 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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