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

Ms. Polly Chow
BCBG MAXAZRIA GROUP
2761 Fruitland Avenue
Vernon, CA 90058

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

Dear Ms. Chow:

In your letter dated September 30, 2008, you requested a classification ruling. Your sample will be returned as requested.

Style TKY6D538 is a woman’s jumper constructed from 100 percent polyester woven fabric. The garment features long sleeves that are open from the shoulders to the elasticized wrists, a boat neck, a back opening that is secured at the neck with button and loop closures and extends from the neck to three inches below the waist and a banded bottom. The garment does not provide sufficient coverage for wear without another outerwear garment because of the deep back opening.

The applicable subheading for style TKY6D538 will be 6211.43.0066, 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: jumpers: other. 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 TKY6D538 falls within textile category 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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