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NY 865129

August 06, 1991

CLA-2-62:S:N:N:3-I:360 865129

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.29.4020; 6204.29.4032

Ms. Ellen E. Rosenberg
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004

RE: The tariff classification of a woman's ensemble from The People's Republic of China.

Dear Ms. Rosenberg:

In your letter dated July 12, 1991, on behalf of your client, The He-Ro Group, Inc., you requested a classification ruling.

The submitted sample, style number 71864, is a woman's ensemble, consisting of a hip-length jacket and a knee-length skirt. Both components are made from the same 100% linen, woven fabric. Although you describe the jacket as a "blouse", we believe the garment is designed for wear over other outer garments.

The jacket has a large, open area on the back, which extends downward from the middle of the shoulders to approximately six inches above the waist. Narrow, self-fabric strips extend across the open area in a "laddered" arrangement. The jacket also has long sleeves without cuffs; a full lining; a full frontal opening secured by five thread-reinforced buttons and a hidden hook-and- eye fastener; and two welt pockets on the front, below the waist. A high, rounded neckline and shoulder pads round out the jacket's features. The skirt has a partial rear opening secured by a zipper; a full lining; and a rear kick pleat.

The sample is being returned under separate cover.

The applicable subheading for the jacket will be 6204.29.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' ensembles: of other textile materials: garments described in heading 6202; jackets and blazers described in heading 6204: other. The rate of duty will be 3 percent ad valorem. The applicable subheading for the skirt will be 6204.29.4032, HTS, which provides for women's or girls' ensembles: of other textile materials: skirts and divided skirts: other. The rate of duty will be 7.2 percent ad valorem.

The jacket falls within textile category designation 835 and the skirt falls within textile category designation 842. Based upon international textile trade agreements, products of The People's Republic of China are subject to visa requirements and quota restraints.

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

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