CLA-2-61:OT:RR:NC:N3:359
Ms. Antonella Gaudio
Diesel USA, Inc.
220 W 19th Street
New York, NY 10011
RE: The tariff classification of three women’s garments from China, Italy, and Bulgaria.
Dear Ms. Gaudio:
In your letter dated April 9, 2012 you requested a classification ruling. As requested, your samples are being returned to you.
The submitted sample, style 00CZ61 00TYU – “W-TOKY”, is a woman’s “Diesel” brand sleeveless cape constructed of 65% wool and 35% polyester knit fabric. The garment is free-hanging over the shoulders, and extends to below the elbows at the sides and below the waist area at the garment front and rear. The garment is worn over other garments for warmth and protection from the weather. The garment features a full front opening with a zipper closure and a sewn on “Diesel” label on the upper rear panel. The garment has zippered side seams, allowing the sides to be worn opened or closed. The garment will be produced in Italy.
The submitted sample, style 00CZ8J 00SQR – “M-PASTRAN”, is a woman’s “Diesel” brand 40% acrylic, 32% wool, 18% nylon, and 10% alpaca pullover sweater constructed of a novelty knitted fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the direction the stitches were formed. The garment features an oversized body styling, a scoop front neckline, short sleeves that are finished with a rolled fabric bottom, and a straight garment bottom. The garment extends from the shoulders to below the waist. The garment will be produced in China.
Style 00CYPK 00QUV – “D-CAROLE” is a women’s “Diesel” label coat constructed of a 100% cotton French terry fabric that has been lightly brushed on the underside. The double breasted coat has a zippered full front opening, a high fold over collar with a snap closure, a button closure at the inner neckline, two inset pockets on the front panels, long tapered sleeves with zippered closures at the sleeve endings, a “Diesel” label on the upper rear panel and a straight garment bottom. The garment body has an inner knitted fabric lining. The garment extends to the knee area. The garment will be produced in Bulgaria.
The applicable subheading for Style 00CYPK 00QUV – “D-CAROLE” will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski jackets) windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: Of cotton: Women’s. The duty rate will be 15.9% ad valorem.
The applicable subheading for style 00CZ61 00TYU – “W-TOKY” will be 6102.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of wool or fine animal. The duty rate will be 55.9 cents per kilogram plus 16.4 percent ad valorem.
The applicable subheading for style 00CZ8J 00SQR – “M-PASTRAN” will be 6110.30.1520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): Of man-made fibers (con): Other: Sweaters: Women’s or girls’. The duty rate will be 17% 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/.
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,
Thomas J. Russo
Director
National Commodity Specialist Division