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NY 862985




May 30, 1991

CLA-2-61:S:N:N3I: 359 862985

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010; 6202.93.5010

Ms. Angie Eleazzaro
Stanlyse, Inc.
111 Ouest, Rue Chabanel, Suite 301
Montreal, Quebec Canada H2N 1E1

RE: The tariff classification of women's wearing apparel from Hong Kong.

Dear Ms. Eleazzaro:

In your letter dated April 30, 1991, you requested a tariff classification ruling.

The submitted sample, style 6402, is a woman's jacket and scarf set. The set is constructed from 75% cotton, 25% polyester, fleece knit fabric that measures more than 9 stitches per 2 centimeters in the horizontal direction. The jacket features a modified V-neckline; shoulder pads; long sleeves; a full front opening with a heavy duty zipper closure; 2 welt, setin pockets at the waist; and a hemmed bottom. The scarf is long and rectangular in shape with hemmed edges. It features 2 colorful tassels on each end and embroidered designs.

The jacket and scarf are classified as a set. The items in the set require separate visas. The essential character is given by the jacket.

The submitted sample, style 6535 is a woman's reversible, waist-length jacket. One side of the jacket is constructed of a woven 100% polyester fabric. The other side is constructed of a knit 100% cotton fabric. The garment has a non-woven 100% polyester fill. The garment has a full front opening secured by 5 buttons on both the knit side and the woven side. The collar, sleeve cuffs and waistband are composed of a ribbed-knit fabric. On the knit side of the jacket there are 2 front pockets with buttoned flaps at the waist and a print design on the back. On the woven side the fabric has a print design.

Your samples are being returned as requested.

The applicable subheading for style 6402, the set, will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's windbreakers and similar articles, knitted, other than those of heading 6104: of cotton. The rate of duty will be 16.9% ad valorem.

The applicable HTS subheading for style 6535, will be 6202.93.5010, which provides for women's anoraks (including ski- jackets), windbreakers and similar articles including padded, sleeveless jackets), other than those of heading 6204: Of man- made fibers: other: other. The rate of duty will be 29.5% ad valorem.

Style 6402, the jacket, falls within textile category designation 335. The scarf falls in category 359. Style 6535 falls in category 635. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

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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