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NY 803076




November 8, 1994

CLA-2-62:S:N:N5:357 803076

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011; 6204.62.4020; 6211.43.0040; 6211.43.0050

Mr. Bill Ramia, Jr.
Alexander International
Memphis International Airport
P.O. Box 30209
Memphis, TN 38130

RE: The tariff classification of a woman's jacket and pair of trouser and a woman's track suit from Hong Kong, Korea and Taiwan

Dear Mr. Ramia:

In your letter dated October 7, 1994, on behalf of Catherine's, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number 4209 is a woman's jacket and pair of trousers. Style number 0953 is a woman's track suit.

The jacket of style number 4209 is constructed of a shell composed of a woven chambray 100% cotton fabric that has a denim- like appearance and a woven 65% polyester/35% cotton printed fabric. The garment is accented with silver metallic piping between each fabric. The jacket is lined with a knit 65% polyester/35% cotton fabric.

The jacket has a full front opening secured by a zipper closure, two front slash pockets at the waist, elasticized sleeve cuffs and waistband, and a drawstring tightening through the collar.

The trousers of style number 4209 are constructed of a woven solid color chambray 100% cotton fabric that has a denim-like appearance. The garment is lined with a knit 65% polyester/35% cotton fabric.

The trousers have an elasticized waistband. Below the waistband there are two side seam pockets. At the bottom of each trouser leg there is an elasticized ankle cuff and a zipper opening.

The jacket and trousers of style number 4209 are classifiable in different HTS subheadings and are not considered to be a track suit.

As none of the fabric materials of the jacket impart the essential character, pursuant to GRI 3(c) classification is based on which HTSUSA heading occurs last in numerical order among those which equally merit consideration.

The jacket of style number 0953 is constructed of a woven 100% nylon fabric shell. Small inserts of a woven chambray 100% cotton fabric that has a denim-like appearance are located on the front panels and outer collar. The jacket is trimmed with decorative ribbon strips. The garment is lined with a knit 65% polyester/35% cotton fabric.

The trousers of style 0953 is constructed of a woven solid color 100% nylon fabric. The garment is lined with a knit 65% polyester/35% cotton fabric.

The trousers have an elasticized waistband. There are two side seam pockets below the waist. At the bottom of each trouser leg there is an elasticized ankle cuff and a zipper opening.

The samples are being returned to you.

The applicable subheading for the jacket of style number 4209 will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5 percent ad valorem.

The applicable subheading for the trousers of style number 4209 will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's trousers and breeches, of cotton: other. The duty rate will be 17.7 percent ad valorem.

The applicable subheading for the jacket of style number 0953 will be 6211.43.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers, Track suits: other. The duty rate will be 17 percent ad valorem.

The applicable subheading for the trousers of style number 0953 will be 6211.43.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers, Track suits: trousers. The duty rate will be 17 percent ad valorem.

The jackets of style numbers 4209 and 0953 fall within textile category designation 635. The trousers of style number 4209 fall within textile category designation 348. The trousers of style number 0953 fall within textile category designation 648. Based upon international textile trade agreements products of Korea and Taiwan are presently subject to quota restraints and the requirement of a visa. Products of Hong Kong are not presently subject to quota restraints but a visa is required.

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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