CLA-2-62:OT:RR:NC:TA:360
Ms. Cathy Spiotta
Alba Wheels Up International, Inc,
150-30 132nd Avenue
Suite 208
Jamaica, NY 11434
RE: The tariff classification of women’s woven wearing apparel from China
Dear Ms. Spiotta:
In your letter dated December 2, 2009, you requested a tariff classification ruling on behalf of American Apparel Co. The submitted samples will be returned as requested.
All of the submitted samples are constructed from 63 percent polyester, 33 percent rayon and 4 percent spandex woven fabric.
Style 37715-05 consists of a woman’s jacket and pant. The jacket is composed of more than three panels and features ¾ length sleeves with cuffs, a notched collar, two chest pockets with flaps, self-fabric loops and tie belt, shoulder pads and a full front opening secured by three buttons. The pant features a waistband with two front hook and eye closures, a front zipper and long hemmed legs.
Style 171897-05 consists of a woman’s jacket and pant. The jacket is composed of more than three panels and features long sleeves, a shawl collar, thread belt loops, a self-fabric tie belt, shoulder pads and a full front opening secured by a snap closure. The pant features a waistband with two front hook and eye closures, a front zipper and long hemmed legs.
Style 171901-05 consists of a jacket and pant. The partially lined jacket is composed of more than four panels and features a ruffled shawl-like collar, long flared sleeves, a full front opening secured by a one button closure and shoulder pads. The jacket has a peplum-like bottom. The pant features a waistband with two front hook and eye closures, a front zipper and long hemmed legs.
The applicable subheading for style 171901-05 will be 6204.13.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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): suits: of synthetic fibers: other: women’s. The rate of duty will be 35.3 cents/kg + 25.9 percent ad valorem.
The applicable subheading for the jackets of styles 37715-05 and 171897-05 will be 6204.33.5010, Harmonized tariff Schedule of the United States (HTSUS), which provides 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 synthetic fibers: other: women’s. The rate of duty will be 27.3 ad valorem.
The applicable subheading for the pants of styles 37715-05 and 171897-05 will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: trousers and breeches: women’s. The rate of duty will be 28.6 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/.
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