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

Ms. Yvonne M. Whitley
Pacific Alliance USA Inc.
1359 Broadway
21st Floor
New York, NY 10018

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

Dear Ms. Whitley:

In your letter dated July 30, 2008, you requested a classification ruling on behalf of Vera Wang. Your sample will be returned as requested.

Submitted sample, style #VFRH4514, is a woman’s jacket constructed from 100% polyester woven fabric. The jacket extends from the shoulders to slightly below the waist and is composed of more than four panels. The jacket features a collar, ¾ length sleeves, a full lining, a full front opening secured by three buttons with a double breasted look, two patch pockets with flaps below the waist, two vents in the rear and a hemmed bottom.

In your letter you suggest two classifications, 6210.30.5000 or 6202.13.4020, HTSUS. The fabric is not coated for tariff purposes and therefore, the garment will be classified under heading 6211, HTS.

The applicable subheading for the style VFRH4514 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 VFRH4514 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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