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NY 813233




August 22, 1995

CLA-2-62:S:N:N5:360 813233

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010; 6211.43.0078

Ms. Juliana Gelens
Barthco International, Inc.
Hemisphere Center
U.S. Routes 1 & 9 South
Newark, NJ 07114

RE: The tariff classification of a woman's dress and jacket from Korea

Dear Ms. Gelens:

In your letter dated August 2, 1995, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 3434004 consists of two garments constructed from 50 percent acetate and 50 percent polyester woven fabric. The fully lined pullover dress features spaghetti straps, a slightly v'd neckline and a semi-flared body. The fully lined jacket features long sleeves, padded shoulders, a v-neckline and a full front opening secured by a self fabric tie at the bust area. The jacket extends below the mid-thigh area. You have indicated in your letter that the fabric is a blend of 50 acetate\50 polyester. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and the textile category designation of the subject garment.

The applicable subheading for the dress 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 duty rate will be 16.9 percent ad valorem.

The applicable subheading for the jacket will be 6211.43.0078, 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: jackets and jacket-type garments excluded from headings 6202. The duty rate will be 16.9 percent ad valorem.

The dress falls within textile category designation 636 and the jacket falls within textile category designation 636. Based upon international textile trade agreements products of Korea are subject to a visa requirement and quota restraints.

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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