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NY 892898





December 16, 1993

CLA-2-62:S:N:N5:360 892898

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.6000; 6206.10.0040

Ms. Susan Sprung
D. Hauser, Inc.
182-23 150th Avenue
Springfield Gardens, NY 11413

RE: The tariff classification of a ladies' woven jacket and blouse from China

Dear Ms. Sprung:

In your letter dated December 12/02/93 you requested a tariff classification ruling on behalf of Rafaella Sportswear, Inc. The two samples that were submitted are constructed from fabric that is 100 percent woven silk. As requested, the samples will be returned to you.

Style RS0094 is a long sleeved blouse with one button cuffs. The blouse features a full front opening secured by six buttons, padded shoulders, two chest pockets a drawstring at the waist and a shirt-tail bottom.

Style RS0042 is a fully lined jacket. The jacket features padded shoulders, a collar, lapels and a full front opening secured by four buttons. The jacket also has two pockets with flaps below the waist and a self fabric belt that ties in the back.

The applicable subheading for the blouse will be 6206.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses: of silk or silk waste... other: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 7.5 percent ad valorem.

The applicable subheading for the jacket will be 6204.39.6000, 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: other: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 6.7 percent ad valorem.

Since these garments are of 100 percent silk, they do not fall into a textile category designation. Based upon international textile trade agreements, products of China that are constructed from 100 percent silk are not subject to a visa requirement or 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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