The tariff classification of a woman's jacket from China or Hong Kong

NY J80514 February 25, 2003 CLA-2-62:RR:NC:N3:360 J80514 CATEGORY: Classification TARIFF NO.: 6204.33.5010 Mr. Herbert J. Lynch Sullivan & Lynch, P.C. 156 State Street Boston, MA 02109-2508 RE: The tariff classification of a woman's jacket from China or Hong Kong Dear Mr. Lynch: In your letter dated January 31, 2003, you requested a tariff classification ruling on behalf of Susan Bristol Inc. The sample submitted with your request will be returned to you under separate cover. Style 1343967 is woman’s jacket constructed from 63 percent polyester, 33 percent rayon and 4 percent spandex woven fabric. The garment features long hemmed sleeves a collar and lapels, side vents and a full front opening secured by three buttons. The garment also has embroidered inserts at the waist. In your letter you suggest classification under subheading 6204.39.3030, HTS. Because the garment is in chief weight of polyester, the garment is properly classified under subheading 6204.33.5010, HTS. The applicable subheading for style 1343967 will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), 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): suit-type jackets and blazers: of synthetic fibers: other: women’s. The rate of duty will be 27.5 percent ad valorem. This product falls within textile category designation 635. Based upon international textile trade agreements products of China or Hong Kong are currently subject to quota restraints and the requirement of 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 affected 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 Patricia Schiazzano at 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division