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NY 895919




April 6, 1994

CLA-2-62:S:N:N5:360 895919

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010; 6110.20.2075; 6211.43.0076; 6211.43.0091

Mr.Alan Siegal
Genghis Khan Freight Service Inc.
161-15 Rockaway Boulevard
Jamaica, NY 11434

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

Dear Mr. Siegal:

In your letter dated March 14, 1994, you requested a tariff classification ruling on behalf of Andrea Jovine division Coopersmith Industries Inc.

Style 22815 consists of two pieces. The dress is constructed from woven fabric that is 79 percent rayon/21 percent polyester. The sleeveless dress features a full lining, an empire waist, a V neckline, 2 inch shoulder straps, a back zipper closure and a 5 inch back vent. The dress extends to above the knee. The second garment is a pullover and features hand knotted openwork and is decorated with hanging plastic ornaments. The garment is sleeveless and reaches the midriff.

Style 12438 is a vest constructed from woven fabric that is 100 percent polyester. The fully lined vest features shoulder pads, a collar, lapels and a full front opening secured by three self covered buttons. The vest extends to mid thigh.

Style 42108 is a cardigan constructed from 100 percent cotton ribbed knit. The garment features short sleeves and a unsecured front opening. The garment extends to above the knee.

As requested, your samples will be returned to you.

The applicable subheading for the dress of style 22815 will be 6204.44.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets and blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than
swimwear): dresses: of artificial fibers: other: other...women's. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the vest, style 12438, will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers...vests: other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the upper body garment of style 22815 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers...other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the cardigan, style 42108, will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other...other: women's.

The dress falls within textile category designation 636. The upper body garment and the vest fall in textile category 659 and the cardigan falls in textile category 339. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement and are currently not subject to 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 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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