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NY 851792

May 7, 1990
CLA-2-62:S:N:N3-I:360 851792

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0010

Richard M. Wortman, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, NY 10017

RE: The tariff classification of women's woven garments from Korea, Hong Kong, or Saipan, Commonwealth of the Northern Mariana Islands.

Dear Mr. Wortman:

In your letter dated April 17, 1990, on behalf of your client, L.R. Trading Corp., you requested a tariff classification ruling.

Style 8011 is a woman's double-breasted jumpsuit, which is cut and sewn from 100% polyester, printed, woven fabric. The garment features long sleeves with turned-up cuffs; a waist- length frontal opening secured by eight buttons, four of which are located above the waist and four of which are located on the waistband; a partially elasticized waistband; a notched collar; epaulets; lapels; and shoulder pads. The lower portion of the garment, which is cut to look like culotte pants, has three expandable pleats extending down the front, and leg openings finished off with turned-up hems.

Style 7986 consists of a woman's blouse and a divided skirt, both of which are cut and sewn from 100% rayon, printed, woven fabric. The blouse has long sleeves with solid-colored rib-knit cuffs; a full frontal opening secured by eight buttons; two patch pockets, with button-through flaps, located on the chest; a three-and-one-quarter-inch-high waistband which, with the exception of a six-inch-wide section on the front, is constructed from solid-colored rib-knit fabric; a baseball collar, also constructed from solid-colored rib-knit fabric; and shoulder pads. The rib-knit fabric, used to construct the cuffs, collar, and waistband, has no counterpart on the divided skirt. The divided skirt has a partial opening on the back, which is secured by a zipper; a partially elasticized waistband; and three expandable pleats extending down the front. The leg separation is not apparent.

Although you state that style 8011 will also be manufactured in 100% rayon woven fabric and that style 7986 will also be manufactured from 100% polyester woven fabric, no samples in these fabrications were submitted. Accordingly, this ruling is limited solely to the physical characteristics of the submitted samples.

The applicable subheading for the jumpsuit will be 6211.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls', of man-made fibers; coveralls, jumpsuits and similar apparel. The rate of duty, from Korea or Hong Kong, will be 17 percent ad valorem. If considered a product of the Northern Mariana Islands, pursuant to General Note 3(a)(iv), HTSUS, the garment will be free of duty; otherwise it will be dutiable at 17 percent ad valorem.

The applicable subheading for the blouse will be 6211.43.0060, HTS, which provides for other garments, women's or girls', of man-made fibers; blouses, shirts and shirt-blouses excluded from heading 6206. The rate of duty, from Korea or Hong Kong, will be 17 percent ad valorem. If considered a product of the Northern Mariana Islands, pursuant to General Note 3(a)(iv), HTSUS, the blouse will be free of duty; otherwise it will be dutiable at 17 percent ad valorem.

The applicable subheading for the divided skirt will be 6204.59.3010, HTS, which provides for women's skirts and divided skirts, of other textile materials; of artificial fibers. The rate of duty, from Korea or Hong Kong, will be 17 percent ad valorem. If considered a product of the Northern Mariana Islands, pursuant to General Note 3(a)(iv), HTSUS, the garment will be free of duty; otherwise it will be dutiable at 17 percent ad valorem.

The jumpsuit falls within textile category designation 659; the blouse falls within textile category designation 641; and the divided skirt falls within textile category 642. Based upon international textile trade agreements, as products of Korea, the garments are presently subject to a visa requirement and quota restraints; as products of Hong Kong, the garments are presently subject to a visa requirement; and as products of the Northern Mariana Islands, the garments are not presently subject to a visa requirement or 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 (Restraints 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
New York Seaport

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