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NY 852976

June 14, 1990

CLA-2-62:S:N:N3-I:360 852976

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4020; 6211.43.0090

Ms. Rebecca Cheung
R.H. Macy Corporate Buying
Eleven Penn Plaza
New York, NY 10001-2006

RE: The tariff classification of women's woven garments from Korea.

Dear Ms. Cheung:

In your letter dated April 27, 1990, resubmitted on May 30, 1990, you requested a tariff classification ruling.

The submitted samples consist of a woman's knee-length coat (style 3008), a woman's garment styled like a wraparound yoke skirt (style 3009), and a woman's garment styled like a short, pull-on, divided skirt (style 3010). All three garments are constructed from sheer, woven fabric composed of 100% polyester. You state that the garments "...are designed to be worn over swimwear", and "...are going to be sold as cover-ups in our swimwear departments."

The coat (style 3008) features long sleeves with hemmed edges; a full frontal opening secured by four buttons; a notched collar; small lapels; a shoulder yoke; shoulder pads; and vented (slit) sideseams.

The upper portion of style 3009 consists of a yoke, into which the lower portion of the garment is gathered. The garment is secured around the waist, at the left side, by two self-fabric ties. Each tie measures approximately eighteen inches in length, and is formed as a continuous extension of the yoke.

Style 3010 has a fully elasticized waistband and very full leg openings.

The samples submitted with your inquiry are being returned under separate cover.

The applicable subheading for style 3008 will be 6202.13.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's coats of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

The applicable subheading for styles 3009 and 3010 will be 6211.43.0090, HTS, which provides for other garments, women's or girls', of man-made fibers, other. The rate of duty will be 17 percent ad valorem.

Style 3008 falls within textile category designation 635, and the two remaining styles (3009 and 3010) fall within textile category designation 659. Based upon international textile trade agreements, products of Korea 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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