CLA-2-62:RR:NC:TA:N3:356

Ms. Lynne Desplanches
Tommy Bahama Group, Inc.
428 Westlake Avenue. N. #388
Seattle, WA 98109

RE: The tariff classification of a men’s suit-type jacket from China.

Dear Ms. Desplanches:

In your letter dated June 4, 2007, you requested a tariff classification ruling. As requested, your sample will be returned.

Style T5375 “Beachside Blazer” is a men’s suit-type jacket of 100% linen, woven fabric. Style T5375 is constructed from three panels, two of which are in the front, sewn together lengthwise. The garment features a notched collar with lapels, a left over right full front opening with four button closures, a rear yoke with a free-hanging lining, long vented sleeves with buttoned cuffs, two large pockets with flaps below the waist, and a hemmed bottom.

Although you suggest classification in 6211.39.90, HTSUS, the appearance and styling of the garment is that of an unstructured suit-type jacket. Consequently, the applicable subheading for Style T5375 “Beachside Blazer” will be 6203.39.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, . . . suit-type jackets and blazers: of other textile materials: other: other. The duty rate is 6.5% 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 T5375 “Beachside Blazer” falls within textile category designation 833. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division