CLA-2-62:OT:RR:NC:N3:360

Mr. Elvin Briones
World Market Management Services, LLC
1201 Marina Village Parkway
Alameda, CA 94501

RE: The tariff classification of a woman’s garment from China Dear Mr. Briones:

In your letter received December 9, 2022, you requested a tariff classification ruling. Your sample will be returned.

Item 613964, described as "Rocha Blue and Orange Velvet Floral Burnout Kimono," is a woman’s garment constructed from 64% viscose and 36% nylon woven fabric. The garment features ¾ length voluminous sleeves, an unsecured full front opening, and a hemmed bottom.

Although you requested classification of item 613964 as outerwear under heading 6202, Harmonized Tariff Schedule of the United States (HTSUS), the garment is considered a jacket-type garment of heading 6211. Consequently, the applicable subheading for item 613964 will be 6211.43.1078, HTSUS, which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: Other: Jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6211.43.1078, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6211.43.1078, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.

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 the World Wide Web at https://hts.usitc.gov/current.

At the time of Entry/Entry Summary, you may be requested to verify the information for any specific shipment or product. 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 Kimberly Rackett via email at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division