CLA-2-61:OT:RR:NC:N3:359
Ms. Marta Portillo
HSN
1 HSN Drive
St. Petersburg, FL 33729
RE: The tariff classification of a woman’s suit-type jacket from China
Dear Ms. Portillo:
In your letter dated October 27, 2015 you requested a tariff classification ruling. As requested, your sample will be returned.
Item J20517A is a woman’s fully lined, cut and sewn suit-type jacket. The shell is constructed from 100% polyester knit fabric which prevents counting stitches in the direction that they are formed. The lining is constructed from 100% polyester woven fabric. The garment features a v-shaped front collar with lapels and a round back neck collar, self-fabric shoulder inserts, four front panels (two on either side) sewn together lengthwise with three tiered rows of fringe which cover the entire front, a full front opening without means of closure, long hemmed sleeves with three tiered rows of fringe which cover the entire sleeves, and a hemmed bottom. The suit-type jacket extends to below the waist. The garment will be offered in sizes XS/S/M/L/XL/1X/2X/3X.
The applicable subheading for item J20517A will be 6104.33.2000 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), knitted or crocheted (con.): Suit- type jackets and blazers: Of synthetic fibers: Other. The rate of duty will be 28.2 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 the World Wide Web at http://www.usitc.gov/tata/hts/.
The submitted sample is not marked with the country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:
Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.
Treasury Decision (T.D.) 54640(6) (1958) provides in pertinent part, as follows:
Subject to the exceptions from marking provided under Section 304(a), Tariff Act of 1930, as amended…wearing apparel, such as shirts, blouses, coats and sweaters, etc., must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner.
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 Renée Orsat at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division