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NY 816526




November 28, 1995

CLA-2-62:RR:NC:WA:360 816526

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.3010

Ms. Saro Sri Tharan
Cathy Daniels Ltd.
1411 Broadway
New York, NY 10018

RE: The tariff classification of a woman's blazer from the Dominican Republic

Dear Ms. Tharan:

In your letter dated November 8, 1995, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 5980 is a blazer constructed from 50 percent polyester\50 percent rayon woven fabric. The unlined jacket features long sleeves, a collar, lapels, self covered shoulder pads and a full front opening secured by one button. The jacket also has two patch pockets below the waist. You have indicated that the jacket will also be imported under style numbers 5981, 5990, 5991 and 8980. These style numbers will sometimes have an alpha behind to designate the customer.

You have indicated in your letter that the fabric is a blend of 50 percent polyester\50 percent rayon. 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 that actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and textile category designation of the subject garment. The applicable subheading for the blazer will be 6204.39.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of other textile materials: of artificial fibers: other: women's. The duty rate will be 28.8 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of the Dominican Republic are subject to a visa requirement and are currently not subject to 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466 - 5866.

Sincerely,

Roger J. Silvestri
Director

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