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NY 891731





November 10, 1993

CLA-2-62:S:N:N5:360 891731

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.3010; 6204.53.3010

Ms. Mary Jo Muoio
Wolf D. Barth Co., Inc.
90 West Street
New York, NY 10006

RE: The tariff classification of a woman's woven jacket and skirt from Malaysia

Dear Ms. Muoio:

In your letter dated October 25, 1993, you requested a tariff classification ruling on behalf of Halmode Apparel.

The submitted sample, style 040352, consists of a jacket and skirt constructed from woven fabric that is 65 percent polyester/35 percent rayon. The tailored jacket features a v-neckline, short sleeves, shoulder pads and a double breasted full front opening secured by three buttons and an additional single button closure on the inside. The garment also features a contrasting colored insert that is permanently attached on one side and buttons onto the other side. The skirt is pleated and is in the same color as the insert. It has an elasticized rear waistband with a side sipper and a button closure. As requested, your sample will be returned to you.

The applicable subheading for the jacket 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 synthetic fibers: other...women's. The rate of duty will be 29 percent ad valorem.

The applicable subheading for the skirt 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, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Skirts and divided skirts: of synthetic fibers: other: other...women's. The rate of duty will be 17 percent ad valorem.

The jacket falls within textile category designation 635 and the skirt falls within textile category designation 642. Based upon international textile trade agreements, products of Malaysia are subject to quota restraints and a visa requirement.

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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