CLA-2-61:RR:NC:TA:359 G85895
Mr. Donald S. Simpson
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153
RE: The tariff classification of four women’s garments from Hong Kong
Dear Mr. Simpson:
In your letter dated January 29, 20001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.
You submitted four samples. Style 11B73218 is a woman’s upper body garment that is constructed from leather (front two panels) and 4x4 rib knit fabric (the collar, the sleeves, and the back panel). The garment features a stand-up collar; long sleeves with turn back cuffs; and a full front opening with 7 button closures.
The essential character of style 11B73218 is imparted by the leather front panels; Harmonized Tariff Schedule of the United States (HTS); General Rules of Interpretation (GRI), Rule 3, noted.
Style 11B91438 is a woman’s sleeveless top that is constructed from 100% wool, knit fabric which has plastic beads covering the front and back panels. The top features adjustable shoulder straps and a tubular hemmed bottom.
Style 11B65539 is a woman’s sleeveless dress that is constructed from 100% wool, 2x2 rib knit fabric (the top portion of the dress to the waist) 100% wool brushed jersey knit fabric (from the waist to the bottom). The dress extends from the shoulders to below the knees. The dress features a V-neckline; and 6 belt loops.
Style 11B65548 is a woman’s dress that is constructed from 100% wool, 2x2 rib knit fabric (the collar, the sleeves, and the pocket openings) and 100% wool brushed jersey knit fabric (the two front panels, the back panel, and the placket). The dress features a stand-up collar; long sleeves; a full front opening with a zipper closure; 2 front slant inset pockets in the waist area; and a hemmed bottom. The dress extends from the shoulders to the mid-thigh area.
Your samples are being returned.
The applicable subheading for style 11B73218 will be 4203.10.4095, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of apparel and clothing accessories; of leather or of composition leather: other: women’s, girls’ and infants’. The duty rate will be 6% ad valorem.
The applicable subheading for style 11B91438 will be 6114.10.0040, which provides for other garments, knitted: of wool or fine animal hair: tops. The rate of duty will be 13.5% ad valorem.
The applicable subheading for styles 11B65539 and 11B65548 will be 6104.41.0010, which provides for women’s dresses, knitted: of wool or fine animal hair. The rate of duty will be 14.6% ad valorem.
Style 11B91438, the top, falls within textile category designation 438. Styles 11B65539 and 11B65548, the dresses, fall in category 436. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. Style 11B73218 is not subject to quota and does not need a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be effected and should also be verified at the time of shipment.
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 Mike Crowley at 212-637-7077.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division