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

Ms. Maureen Metzinger
Creative Design Studio
601 West 26th Street
New York, NY 10001

RE: The tariff classification of a woman’s suit-type jacket and cardigan from China.

Dear Ms. Metzinger:

This letter replaces ruling letter N028440 that was issued to you on June 6, 2008. The duty rate for style 51989(CAF-114) is incorrect. Please see correction below.

Style 51922 (CWJ133) is a woman’s tailored suit-type jacket that is constructed from 65% wool, 35% nylon knit fabric with a manmade fiber woven lining. The garment has more than 3 panels, two of which are in the front, sewn together lengthwise. The garment features a notched-lapel collar, short sleeves, a full front opening with 4 button closures, princess seams, a double back vent, 2 front patch pockets at the waist and a hemmed bottom.

Style 51989 (CAF-114) is a sweater that extends to the waist. The garment is constructed from 100% cashmere knit fabric. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The sweater features a ribbed boat-like neckline, short sleeves, and a full front opening with a one-button snap closure. The sleeves, placket and bottom are finished with an openwork novelty stitch.

The applicable subheading for the suit-type jacket will be 6104.31.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s suit-type jacket, knitted: of wool or fine animal hair. The duty rate will be 54.8cents/kg + 16% ad valorem.

The applicable HTSUS subheading for the cardigan will be 6110.12.1020, which provides for sweaters, knitted: of wool or fine animal hair: of Kashmir (cashmere) goats: wholly of cashmere: sweaters: women’s. The duty rate will be 4% 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 suit-type jacket falls within textile category 435. The cardigan falls in category 446. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division