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

Ms. Kimberly Philpot
Redcats USA
35 United Drive
West Bridgewater, MA 02379

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

Dear Ms. Philpot:

In your letter dated May 15, 2008, you requested a classification ruling. Your sample will be returned as requested.

Submitted sample, style #72198, is a woman’s jacket constructed from 55% polyester, 42% cotton and 3% spandex woven fabric and is composed of more than four panels. The jacket extends from the shoulder to slightly below the waist. The jacket features a ruffled collar, ¾ length sleeves, a full lining, a full front opening secured by one button at the neck and a hemmed bottom.

The applicable subheading for the style #72198 will be 6211.43.0078, 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 man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 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 72198 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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,
National Commodity
Specialist Division