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NY N022799




February 20, 2008

CLA-2-61:OT:RR:NC:TA:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Ms. Joan Studeny
GHY USA Inc. Customs Brokers
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of a woman’s garment from China.

Dear Ms. Studeny:

In your letter dated December 5, 2007 and subsequent correspondence received February 4, 2008, you requested a classification ruling on behalf of Mondetta Clothing. The provided sample is being returned as per your request.

Style MPGF07-BL07 is a woman’s snug-fitting jacket that is constructed from 88% polyester 12% spandex knitted fabric. The jacket features a mock collar, long sleeves with tight fitting self-fabric banded cuffs, a full front opening with a zipper closure, 2 zippered inset pockets at the front panel waist area, a reflective heat seal MPG logo on the lower left side front panel, and a tight fitting self-fabric banded bottom. Women’s man-made fiber jackets are properly classified under 6102.30.2010, HTSUS. Therefore, your assertion for classification under 6114.30.3070, HTSUS, is not applicable.

The applicable subheading for the garment will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s overcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of man-made fibers: other: other: women’s. The duty rate will be 28.2% 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/.

The garment falls within textile category 635. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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