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NY 818157




February 8, 1996

CLA-2-62:RR:NC:WA:360 818157

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.8060; 6204.49.5060

Mr. Harold I. Loring
Grunfeld, Desiderio, Lebowitz & Silverman, LLP 245 Park Avenue
New York, NY 10167-4000

RE: The tariff classification of a women's jacket and dress from China

Dear Mr. Loring:

In your letter dated January 08, 1996, you requested a classification ruling on behalf of Bernard Chaus, Inc. The submitted samples will be returned to you under separate cover.

Style 43630 consists of a color-coordinated women's upper body garment and dress constructed from 60 percent linen and 40 percent cotton woven fabric. Both garments are lined. The sleeveless dress extends to the vicinity of the knee and has a rear vent located at the bottom, center of the garment. The upper body garment extends to the vicinity of the waist and has short sleeves, a collar, a full front opening secured by four buttons, a hidden placket, shoulder pads and darts.

You contend that the submitted upper body garment is an overblouse, rather than a jacket, based upon a listing of features found in the Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, on page 6. That section refers to features found on shirt-jackets. We disagree with your assertion.

The Guidelines provide assistance in the classification of garments for purposes of assigning textile quota categories and ensuring uniformity in the classification of garments under the HTSUSA. In instances where ambiguity exists as to the identity of a garment for classification purposes, such as whether a garment is a jacket or a shirt, Customs will refer to the Guidelines. Where no such ambiguity exists, or where reliance on the Guidelines would lead to an unreasonable conclusion, Customs need not refer to this document. See HRL 954829, dated December 21, 1993.

Customs need not refer to the Textile Category Guidelines for guidance in the classification of the jacket component of style 43630, as it is not a hybrid garment possessing characteristics of both jackets and blouses. The garment has the overall appearance of a jacket and is designed and worn in such a manner so as to be suitable for such use. Moreover, no evidence or analysis establishing that this garment is anything other than a jacket was submitted with your ruling request. Accordingly, classification of the subject merchandise is proper under heading 6204, HTSUSA.

The applicable subheading for the jacket of style 43630 will be 6204.39.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets and blazers...of other textile materials: Other: Other: Other. The duty rate will be 6.6 percent ad valorem.

The applicable subheading for the dress of style 43630 will be 6204.49.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses...of other textile materials: Other: Other: Other. The duty rate will be 7.4 percent ad valorem.

The jacket of style 43630 falls within textile category designation 835, while the dress falls within category 836. Based upon international textile trade agreements products of China 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 Part 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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