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NY 893270




January 13, 1994

CLA-2-62:S:N:N5:360 893270

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.8060; 6204.59.4060

Ms. Nic Adams
Fingerhut Corporation
4400 Baker Road
Minnetonka, MN 55343

RE: The tariff classification of a woman's woven jacket and skirt from China Dear Ms. Adams:

In your letter dated December 10, 1993, you requested a tariff classification ruling.

The submitted samples, designated as style KL94-17 (Fingerhut A2079), consist of a woman's jacket and skirt that will be imported together in a poly bag. The garments are constructed from 55 percent ramie and 45 percent cotton woven fabric. Both garments are unlined and feature decorative embellishments. The jacket has four panels sewn together lengthwise and features long sleeves, a full front opening secured by two fabric covered buttons, shoulder pads and a hemmed bottom. The skirt features a partially elasticized rear waistband, a rear zipper closure secured by a button, side seam pockets and a rear vent located at the bottom. As requested, your samples will be returned to you.

You question whether the two items may be classified as a suit. Chapter 62, Note 3 sets forth the requirements which qualify garments as suits. In particular, Note 3(a) specifies that the garments must be of the same color. The skirt is a solid colored garment, tan. The jacket, however, consists of two colors, tan and black, as follows: the front and rear panels of the jacket are tan while the sleeves and the top portion of the lapel are black. The components fail to meet the requirements for classification as a suit and are therefore classified separately.

The applicable subheading for the jacket 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, blazers... Of other textile materials: Other: Other: Other: Other. The rate of duty will be 6.7 percent ad valorem.

The applicable subheading for the skirt will be 6204.59.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls'suits, ensembles, suit-type jackets and blazers, dresses, skirts... Of other textile materials:Other: Other: Other. The rate of duty will be 7.2 percent ad valorem.

The jacket falls within textile category designation 835; the skirt within category 842. Based upon international textile trade agreements, products of China are subject to a visa requirement and 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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