The tariff classification of a woman’s jacket from China

N039515 September 26, 2008 CLA-2-62:OT:RR:NC:TA:360 CATEGORY: Classification TARIFF NO.: 6211.42.0075 Ms. Yvonne M. Whitley Ralsey Group Ltd. 1372 Broadway 3rd Floor New York, NY 10018 RE: The tariff classification of a woman’s jacket from China Dear Ms. Whitley: In your letter received on September 25, 2008, you requested a classification ruling. The submitted sample will be returned to you as requested. Style F81BT409 is a woman’s jacket constructed from 42 percent nylon, 43.5 percent cotton and 14.5 percent metallic. The jacket features long sleeves, a drawstring hood, a full front zippered opening and a drawstring at the bottom. The garment is made up of three separate yarns, one containing nylon, one containing cotton and the other containing cotton and metallic. Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber,” for purposes of classification at the six and eight digit levels. Based upon the information you provided, the metallic and cotton yarns make up 14.5 percent of the fabric, while the cotton makes up 43.5 percent of the fabric and the nylon makes up 42 percent of the fabric. The cotton yarn is the component in chief weight of the garment. The applicable subheading for the jacket will be 6211.42.0075, 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 cotton: jackets and jacket-type garments excluded from heading 6206. The duty rate will be 8.1 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 F81BT409 falls within textile category 335. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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