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NY 860171

February 12, 1991

CLA-2-62:S:N:N3-I:360 860171

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.0060; 6211.49.0030; 6211.49.0080

Ms. Josephine Wong
Frank Char, Inc.
2345 Harrison Street
San Francisco, CA 94110

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

Dear Ms. Wong:

In your letter dated Febuary 1, 1991, you requested a classification ruling.

Style number 7J608 consists of a short jacket and a sleeveless romper, which you refer to as a "jumpsuit". The jacket is clearly designed for wear over the romper. The jacket's two front panels and right sleeve are cut and sewn from solid-color woven fabric composed of 60% linen and 40% cotton, while its rear panel and left sleeve are cut and sewn from black-and-white- stripe woven fabric composed of 100% silk. You state that the solid-color fabric occupies 48% of the garment's visible area, with the remaining 52% occupied by the striped fabric. Please be advised that the component fabric surface area breakdown submitted by you is subject to verification, at the time of entry, by U.S. Customs. The romper, which provides the requisite coverage for wear without other outer garments, is constructed from woven fabric composed of 60% linen and 40% cotton.

The jacket extends to the waist on the back and to (approximately) 3 1/2" below the waist (at its lowest point) on the front. It features long sleeves without cuffs; a full lining; an elasticized waistband on the rear; a full frontal opening secured by one button; a V-shaped neckline without any collar treatment; shoulder pads; and a curved bottom edge on each front panel. The romper encloses the legs in two tubes and does not reach the knees. It features a fully elasticized waist; a rounded neckline; a partial rear opening secured by two loop-and-button closures; and two pockets, set in on the side seams, extending downward from the waist.

Style number 7J609 consists of a double-breasted vest and a romper, which you refer to as a "jumpsuit". The vest is clearly designed for wear over the romper. The vest's two front panels are cut and sewn from solid-color woven fabric composed of 60% linen and 40% cotton, while its rear panel is cut and sewn from black-and-white -stripe woven fabric composed of 100% silk. You state that the vest's two front panels (solid-color fabric) occupy 46% of its visible surface area, with the rear panel ( striped fabric) occupying the remaining 54%. To reiterate, please be advised that the component fabric surface area breakdown submitted by you is subject to verification, at the time of entry, by U.S. Customs. The romper, which provides the requisite coverage for wear without other outer garments, is constructed from woven fabric composed of 60% linen and 40% cotton.

The vest features a full lining; a full frontal opening secured by three (one being concealed) buttons; and contrast- colored piping inserted into the full length of the bottom edge. The romper encloses the legs in two tubes and does not reach the knees. It has short sleeves with contrast-colored piping inserted into the edges; a partial frontal opening secured by three buttons; a V-shaped neckline; a fully elasticized waist; a full lining on the lower part (below the waist); shoulder pads; and two pockets, set in on the side seams, extending downward from the waist. In addition, the romper is accompanied by a detachable textile sash belt, which is secured around the waist by two thread loops.

The samples are being returned under separate cover.

The applicable subheading for the jacket will be 6202.99.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' anoraks, windbreakers and similar articles: of other textile materials, other: other. The rate of duty will be 3 percent ad valorem. The applicable subheading for the two rompers ( style 7J609 with its accompanying sash belt) will be 6211.49.0030, HTS, which provides for other garments, women's or girls': of other textile materials, other: one-piece playsuits and similar apparel. The rate of duty will be 7.8 percent ad valorem. The applicable subheading for the vest will be 6211.49.0080, HTS, which provides for other garments, women's or girls': of other textile materials, other: vests. The rate of duty will be 7.8 percent ad valorem.

The jacket falls within textile category designation 835 and the two rompers ( style 7J609 with its accompanying sash belt) and the vest fall within textile category designation 859. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.
The designated textile and apparel categories 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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