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NY 891307




November 8, 1993

CLA-2-62:S:N:N5:360 891307

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6204.39.3010; 6204.59.3010; 6204.63.3510; 6206.40.3030

Ms. Kimberly Kotchka
The Leslie Fay Companies, Inc.
1400 Broadway
New York, NY 10018

RE: The tariff classification of ladies' woven wearing apparel from Hong Kong or Taiwan

Dear Ms. Kotchka:

In your letter dated October 11, 1993, you requested a tariff classification ruling.

Two styles were submitted and will be returned to you as you requested.

Style 3147P consists of three pieces. A jacket constructed from 75 percent polyester/25 percent rayon; a blouse constructed from 70 percent rayon/30 percent polyester and a pair of pants constructed from 75 percent polyester/25 percent rayon. The fully lined jacket features long sleeves with two buttons on each cuff, shoulder pads, two front pockets and a full front opening secured by one button. The lined blouse has a full front opening secured by three buttons. The pants are lined from the waist to the knee. There is a waistband secured by one button, a zippered fly front and two side pockets.

Style 4853P also consists of three pieces. A jacket constructed from 100 percent rayon; a blouse constructed from 65 percent polyester/35 percent rayon and a skirt constructed from 100 percent rayon. The fully lined jacket features long sleeves, two front pockets, and a double breasted full front opening secured by one inner button and two outer buttons. The blouse is lined and has a full front opening secured by four buttons. The straight skirt is lined and has a waistband secured by one button, a back zipper, side seam pockets and a rear slit that is seven inches in length.

For style 3147P, the applicable subheading for the jacket 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, dresses, skirts and divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of synthetic fibers: other...women's. The rate of duty will be 29 percent ad valorem.

The applicable subheading for the pants will be 6204.63.3510, which provides for women's or girls' suits, ensembles, suit-type jackets and blazers, dresses, skirts and divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other...trousers and breeches: women's. The duty rate will be 30.4 percent ad valorem.

The applicable subheading for the blouse will be 6206.40.3030, which provides for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other: other...other: women's. The duty rate will be 28.6 percent ad valorem.

For style 4853P, the applicable subheading for the jacket will be 6204.39.3010, 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 29 percent ad valorem.

The applicable subheading for the skirt will be 6204.59.3010, 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): skirts and divided skirts: of other textile materials: of artificial fibers: other: other... women's. The duty rate will be 17 percent ad valorem.

The applicable subheading for the blouse will be 6206.40.3030, which provides for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other: other...other: women's. The duty rate will be 28.6 percent ad valorem.

The jackets fall within textile category designation 635, the blouses within category 641, the pants within category 648 and the skirt within category 642. Based upon international textile trade agreements, products of Hong Kong and Taiwan are subject to a visa requirement. Products from Taiwan are subject to quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories 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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