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

Ms. Genevieve M. Rafter Keddy
J. M. Customs Brokers
1200 Brunswick Ave
Far Rockway, NY 11691

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

Dear Ms. Keddy:

In your letter dated November 14, 2008, you requested a classification ruling on behalf of Grand Apparel USA Inc. Your sample will be returned as requested.

Submitted sample, style #404CA, is a woman’s suit-type jacket constructed from 55% linen and 45% rayon woven fabric. The suit-type jacket extends from the shoulders to slightly below the waist and has more than four panels. The suit-type jacket is collarless and features ¾ length sleeves, a full front opening secured by four buttons, two chest pockets with buttoned flaps and a hemmed bottom.

The applicable subheading for the style 404CA will be 6204.39.8060, 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): suit-type jackets and blazers: of other textile materials: other: other: other: other: other. The duty rate will be 6.3 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 404CA falls within textile category 835. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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