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

Mr. Jian Feng
Hochine USA LTD
325 West 38th Street
Suite 707
New York, NY 10018

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

Dear Mr. Feng:

In your letter dated March 31, 2008, you requested a classification ruling. Your samples will be returned.

Submitted sample, style #DJ8139AQ2, is a woman’s jacket, imported as a part of a suit, constructed from 77% cotton, 20% polyester and 3% spandex woven denim fabric. The jacket extends from the shoulder to slightly below the waist and features a collar, ¾ length sleeves with buttoned cuffs, a full front opening secured by three buttons, two pockets with flaps at the waist and a self-fabric tie belt and loops.

Submitted sample, style #DR88319C9, is a woman’s pants, imported as a part of a suit, constructed from 77% cotton, 20% polyester and 3% spandex woven denim fabric. The pants features a front waistband with a front zipper and a tab closure fastened by a hidden button and a hook and eye closure, elasticized side waist, five self-fabric belt loops, two front pockets and capri length hemmed legs.

The applicable subheading for the style DJ8139AQ2 will be 6204.12.0010, 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 cotton: jackets imported as parts of suits. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for the style DR88319C9 will be 6204.12.0030, Harmonized Tariff Schedule of the United States (HTSUS), which 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 cotton: trousers, breeches and shorts imported as parts of suits. The duty rate will be 14.9 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 DJ8139AQ2 falls within textile category 335 and style DR88319C9 falls within textile category 348. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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