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

Mr. Jimmy Ching
Dress Barn/Maurices
30 Dunnigan Drive
Suffern, NY 10901

RE: The tariff classification of women’s woven garments from Indonesia

Dear Mr. Ching:

In your letter dated September 22, 2008, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #8007, is a woman’s jacket constructed from 86% polyester and 14% spandex woven fabric. The jacket extends from the shoulders to slightly below the waist. The jacket features a collar, long sleeves with snapped cuffs, a zippered chest pocket on the left front panel, a full front zippered opening and a hemmed bottom. The jacket is embellished with contrasting colored piping.

Submitted sample, style #8009, is a woman’s vest constructed from 86% polyester and 14% spandex woven fabric. The vest extends from the shoulders to slightly below the waist and features a collar, oversized armholes, a full front zippered opening, two zippered pockets at the waist and a hemmed bottom. The vest is embellished with contrasting colored piping.

Submitted sample, style #8107, is a pair of women’s pants constructed from 86% polyester and 14% spandex woven fabric. The pants feature an elasticized waistband, long legs with a drawstring bottom and a zippered pocket mid-thigh on the right leg.

Submitted sample, style #8109, is a pair of women’s pants constructed from 86% polyester and 14% spandex woven fabric. The pants feature an elasticized waistband, a rear zippered pocket, long hemmed legs and contrasting colored piping.

The applicable subheading for the style 8007 will be 6211.43.0078, 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: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 percent ad valorem.

The applicable subheading for the style 8009 will be 6211.43.0076, 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: vests: other. The duty rate will be 16 percent ad valorem.

The applicable subheading for the styles 8107 and 8109 will be 6204.63.3510, 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): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: trousers and breeches: women’s. The duty rate will be 28.6 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 8007 falls within textile category 635, style 8009 falls within textile category 659 and styles 8107 and 8109 fall within textile category 648. 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