CLA-2-62:RR:NC:TA:360
Ms. Cathy Spiotta
Alba Wheels Up International
150-30 132nd Avenue
Suite 208
Jamaica, NY 11434
RE: The tariff classification of a woman’s suit from Vietnam
Dear Ms. Spiotta:
In your letter dated November 4, 2008, you requested a classification ruling on behalf of American Apparel Co. Your sample will be returned as requested.
Submitted sample, style #120-37, is a woman’s suit, consisting of a jacket and skirt. Both pieces are constructed from 97% rayon and 3% spandex woven fabric. The jacket extends from the shoulders to slightly below the waist and is composed of more than four panels. The jacket features a collar and lapels, long sleeves, shoulder pads, a full front opening secured by three buttons, two patch pockets with flaps at the waist, a self-fabric tie belt and loops and a hemmed bottom. The skirt features a side zipper and a hemmed bottom.
The applicable subheading for the style 120-37 will be 6204.19.2000, Harmonized Tariff Schedule of the United States (HTSUS), 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): suits: of other textile materials: of artificial fibers: other. The duty rate will be 35.3 cents/kg + 25.9 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 120-37 falls within textile category 644. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division