The tariff classification of a woman’s suit-type jacket from China.

N034785 August 26, 2008 CLA-2-61:OT:RR:NC:TA:359 CATEGORY: Classification TARIFF NO.: 6104.33.2000 Mr. Mark J. Bonvissuto D. Hauser, Inc. One Cross Island Plaza, Suite 310 Rosedale, NY 11422 RE: The tariff classification of a woman’s suit-type jacket from China. Dear Mr. Bonvissuto: In your letter dated July 16, 2008, on behalf of Rafaella Apparel Group, Inc., 1411 Broadway, New York, NY 10018, you requested a classification ruling. Your sample is being returned as requested. The submitted sample, style RS8N005, is a woman’s tailored waist length suit-type jacket that is constructed from 100% polyester printed fake fur knit fabric. The garment has more than 3 panels, two of which are in the front, sewn together lengthwise. It features a full manmade fiber woven lining, stand-away collar, ¾ length hemmed sleeves, a full front opening with 3 button closures, 2 front inset vertical pockets at the waist, and a hemmed bottom. You suggested classification as a woven jacket in heading 6202, Harmonized Tariff Schedule of the United States (HTSUS). However, the garment is of a knit construction and is properly classified in heading 6104, HTSUS. The applicable subheading for the suit-type jacket will be 6104.33.2000, HTSUS, which provides for women’s suit-type jackets, knitted: of synthetic fibers: other. The duty rate will be 28.2% 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/. The suit-type jacket falls within textile category 635. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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