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NY 818143




February 13, 1996

CLA-2-62:RR:NC:WA:360 818143

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6204.53.3010

Mr. William F. Sullivan
MSAS
Customs Logistics Inc.
248-06 Rockaway Blvd.
Jamaica, NY 11422

RE: The tariff classification of women's jackets and skirts from Hong Kong

Dear Mr. Sullivan:

In your letter dated January 02, 1996, you requested a classification ruling on behalf of Newport News, Inc. The submitted samples will be returned to you under separate cover.

Style 75-044 consists of a women's jacket and skirt constructed from 65 percent polyester and 35 percent rayon woven fabric. Both garments are lined with 100 percent nylon woven fabric. The jacket has four panels and features long sleeves, a notched collar, a full front opening secured by three buttons, two breast pockets and two pockets below the waist. Each pocket has a functional zipper and two triangular shaped, plastic appliques sewn at the outer corners of the pockets. Ths skirt has a back zipper with a button closure and a rear kick pleat.

Chapter 62 note 3 sets out the requirements for when two garments are to be considered a suit. In part the note states: All of the components of a suit must be of the same fabric construction, style, color and composition...(emphasis added). Although both garments are constructed from identical woven fabric and color, they are not of the same composition. The skirt is navy blue and white polka dot and textile while the jacket is a navy blue and white polka dot and textile and plastic. Accordingly, by virtue of note 3 to Chapter 62, the garments do not make up a suit and are therefore classified under their separate headings.

The applicable subheading for the jacket of style 75-044 will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets and blazers...of synthetic fibers: Other: Women's. The duty rate will be 28.7 percent ad valorem.

The applicable subheading for the skirt of style 75-044 will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts...of synthetic fibers: Other: Women's. The duty rate will be 16.8 percent ad valorem.

The jacket of Style 75-073 falls within textile category designation 635, while the skirt falls within category 642. Based upon international textile trade agreements products of Hong Kong 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. 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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