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NY 806401




February 22, 1995

CLA-2-62:S:N:N5:357 806401

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000; 6104.63.2010

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

RE: The tariff classification of a woman's jacket and pair of trousers from China or Hong Kong

Dear Mr. Powell:

In your letter dated January 27, 1995, on behalf of your client, Cheerful International Corp., you requested a classification ruling.

The sample submitted, style number L115367CA, consists of 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 fleece fabric. The silk fabric portion of the jacket consists of the body shell, the inner collar, the cuffs and the waistband. The jacket's sleeves, outer collar and flaps on the garment's front pockets are composed of the polyester/cotton knit fleece fabric. The jacket is lined on the body with a 65% polyester/35% cotton jersey fabric. The trousers are constructed of a knit 65% polyester/35% cotton fleece fabric.

The jacket has a pointed collar and a full front opening secured by a zipper closure. The sleeve cuffs and waistband are elasticized. Two double entry front pockets are located 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 have an elasticized waistband. There are two side seam pockets below the waist. The ankle cuffs are composed of a ribbed-knit fabric.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket 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, Other: Of silk: Containing 70 percent or more by weight of silk or silk waist. The duty rate will be 2.7 percent ad valorem.

The applicable subheading for the trousers 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 falls within textile category designation 735. The trousers 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 for the trousers.

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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