CLA-2-62 OT:RR:NC:WA:356

Ms. Melissa Fox
Barthco International, Inc.
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a men’s woven suit-type jacket and knit vest from China.

Dear Ms. Fox:

In your letter dated June 26, 2008, you requested a tariff classification ruling on behalf of Marc Jacobs International. As requested, your sample will be returned.

Style M283403 consists of two pieces, a men’s woven suit-type jacket and a knit vest that can be worn separately or zipped together and worn as one garment. Since each garment can be worn separately, they will be classified as separate garments.

The suit-type jacket of Style M283403 is constructed from 60% wool, 36% viscose, 4% polyester, woven fabric and has four panels sewn together lengthwise; a full front opening with two button closures; a partial lining; a notched collar with lapels; long sleeves with four buttons at the cuffs; a welt pocket on the left chest; two pockets with flaps below the waist; an inner, buttoned welt pocket; a center back vent; and a hemmed bottom. There is a half-snap at the inner rear neckline and half-zippers sewn along each side of the inner placket that are used to join the jacket and vest.

The vest of Style M283403 is constructed from 55% polyester, 45% cotton, knit fabric. The vest has a self-fabric hood with a drawstring; a full front opening with a zippered closure; oversized armholes; two zippered slash pockets below the waist; and a hemmed bottom with side slits. There is a half-snap at the outer rear neckline and half-zippers on the front panels that are used to attach the vest to the jacket.

The applicable subheading for the suit-type jacket of Style M283403 will be 6203.31.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, . . . suit-type jackets and blazers: of wool or fine animal hair: other: other. The duty rate is 17.5% ad valorem.

The applicable subheading for the vest of Style M283403 will be 6110.30.3030, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: vests, other than sweater vests: men’s or boys’. The rate of duty is 32% 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 of Style M283403 falls within textile category designation 433. The vest of Style M283403 falls within textile category designation 659. 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.). 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 Mary Ryan at 646-733-3271.


Sincerely,


Robert B. Swierupski
Director,
National Commodity
Specialist Division