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NY 806148





February 1, 1995

CLA-2-62:S:N:N5:357 806148

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000; 6106.20.2010; 6104.63.2010

Mr. Barry E. Powell
Grunfeld, Desiderio, Lobowitz & Silverman 707 Wilshire Boulevard
Suite 5555
Los Angeles, California 90017

RE: The tariff classification of a woman's jacket, a woman's pullover and two pairs of woman's trousers from China or Hong Kong

Dear Mr. Powell:

In your letter dated January 18, 1995, on behalf of your client, Cheerful International Corporation, you requested a classification ruling.

Two samples were submitted as follows: The first sample style number L115367, consists of two garments, a woman's jacket and a pair of trousers. The jacket is constructed of a woven 100% silk fabric and a knit 65% polyester/35% cotton fabric. The silk fabric portion of the jacket consists of the two front panels, the back panel and the inner portion of the collar. The knit polyester/cotton fabric portion of the jacket consists of the outer portion of the collar, the sleeves and the two flaps on the front pockets. The trousers are constructed of a knit 65% polyester/35% cotton fabric.

The jacket of style L115367 has a full front opening secured by a zipper, elasticized sleeve cuffs and waistband and two double entry front pockets at the waist.

Classification of this jacket is based on which portion provides the essential character. In this case it is the woven silk fabric.

The trousers of style number L115367 has an elasticized waistband. There are two side seam pockets below the waist. The ankle cuffs are composed of a ribbed-knit fabric.

The second sample submitted, style number L115370, consists of two garments, a woman's upper garment composed of a pullover and a woman's lower garment composed of a pair of trousers. The pullover is constructed of a knit 65% polyester/35% cotton fabric and a woven 100% silk fabric. The woven silk portion of the pullover consists of a bib-shaped area surrounding the front placket, and the garment's collar, sleeves and cuffs. The remainder of the garment consists of the knit fabric which measures 10 or more stitches per linear centimeter in the horizontal and vertical direction. The trousers are constructed of a knit 65% polyester/35% cotton fabric.

The pullover garment of style number L115370 has a front partial placket opening at the neck which buttons right over left, buttoned sleeve cuffs and a hemmed bottom with side vents.

Classification of this pullover is based on which portion provides the essential character. In this case it is the knit polyester/cotton fabric.

The trousers of style number L115370 has an elasticized waistband. There are two side seam pockets below the waist. There are no tightening elements on the ankle cuffs.

The samples are being returned to you as you have requested.

The applicable subheading for the jacket of style number L115367 will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles, of other textile materials: Containing 70 percent or more by weight of silk or silk waste. The duty rate will be 2.7 percent ad valorem.

The applicable subheading for the pullover of style number L115370 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses and shirts, knitted or crocheted, of man-made fibers: other women's. The duty rate will be 34.3 percent ad valorem.

The applicable subheading for the trousers of style number L115367 and L115370 will be 6104.63.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other trousers and breeches: women's. The duty rate will be 29.8 percent ad valorem.

The jacket of style number L115367 falls within textile category designation 735. The pullover of style number L115370, falls within textile category designation 639. The trousers of style numbers L115367 and L115370 fall within textile category designation 648. Based upon international textile trade agreements products of China 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
New York Seaport

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