CLA-2-61:OT:RR:NC:TA:359

Ms. Kathleen Root
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of four women’s knit garments from China.

Dear Ms. Root:

In your letter dated June 24, 2008, on behalf of Revue LLC, 512 7th Avenue, New York, NY 10018, you requested a classification ruling. You submitted four samples that are being returned as requested. Style 849209S is a woman’s swing cardigan that is constructed from 100% wool brushed knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a rounded turn down collar, long hemmed sleeves, a full front opening with three animal print leather covered button closures, and a hemmed bottom. The collar and the bodice areas have animal print leather trim.

Style 849099S is a woman’s tailored suit-type jacket that is constructed from 100% wool brushed knit fabric. The garment has more than three panels, two of which are in the front, sewn together lengthwise. The garment features a modified shawl collar with a mesh stitched gold chain trim, long sleeves with pieced cuffs, a full front opening with 3 button closures, and a straight bottom.

Style 849287S is a woman’s tailored suit-type jacket that is constructed from 100% wool brushed knit fabric. The garment has more than three panels, two of which are in the front, sewn together lengthwise. The garment features a large modified shawl collar, long sleeves, a full front opening with a one button closure, front and back princess seams, two patch pockets in the waist area, and a straight bottom. Style 849247 is a woman’s tailored suit-type jacket that is constructed from 100% wool brushed knit fabric. The garment has more than three panels, two of which are in the front, sewn together lengthwise. The garment features a notched-lapel collar, long sleeves with silted cuffs, a full front opening with three button closures, two patch pockets in the waist area, a back tab in the waist area with two non-functional buttons, and a straight bottom.

The applicable subheading for style 849209S will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters…and similar articles, knitted: of wool or fine animal hair: of wool: other: women’s. The duty rate will be 16% ad valorem.

The applicable HTSUS subheading for styles 849099S, 849287S and 849247 will be 6104.31.0000, which provides for women’s suit-type jackets, knitted: of wool or fine animal hair. The duty rate will be 54.8 cents/kg + 16% 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 849209S falls within textile category 438. Styles 849099S, 849287S and 849247 fall in category 435. 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division