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NY 850980

April 19, 1990

CLA-2-62:S:N:N3-I:360 850980

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.3010; 6204.59.3010

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004

RE: The tariff classification of a woman's suit-type jacket and a skirt from China.

Dear Mr. Stack:

In your letter dated March 30, 1990, on behalf of your client, Liz Claiborne Inc., you requested a tariff classification ruling.

The submitted sample, style number 105611, consists of a woman's double-breasted suit-type jacket and a pull-on skirt. The jacket is solid in color and constructed from woven fabric composed of 93% rayon and 7% wool; the skirt is constructed from printed, woven fabric composed of 100% rayon.

The jacket's outershell consists of eight panels sewn together lengthwise (four at the front and four at the back), and features long, straight sleeves, the edges of which are hemmed and secured by a single, metal-button closure; a full lining; a full frontal opening secured by four of the eight metal buttons on the front, and also by two concealed buttons, which are thread-reinforced; a round neckline without any collar treatment; and shoulder pads.

The outer-front panel of the skirt has a free-hanging edge on the left side of the garment, simulating a wraparound skirt. However, the outer-front panel is permanently stitched to the inner-front panel, along the right sideseam, which creates the closed-tube construction of a conventional skirt. The skirt also features a partial opening on the back secured by a zipper; and a hook-and-eye fastener, located on the waistband, directly above the zipper.

The sample which you have submitted with your inquiry will be returned under separate cover.

The applicable subheading for the jacket will be 6204.39.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's suit-type jackets and blazers of other textile materials. The rate of duty will be 29 percent ad valorem.

The applicable subheading for the skirt will be 6204.59.3010, HTS, which provides for women's skirts and divided skirts of other textile materials. The rate of duty will be 17 percent ad valorem.

The jacket falls within textile category designation 635 and the skirt falls within textile category designation 642. Based upon international textile trade agreements, products of China are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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