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NY A86496




September 6, 1996

CLA-2-62:RR:NC:WA 360 A86496

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.3010; 6204.53.3010; 6204.59.3010; 6204.69.2510; 6211.43.0078

Mr. Jeffrey Wilson
Import Service Coordinator
Spiegel, Inc.
3500 Lacey Road
Downers Grove, IL 60515-5432

RE: The tariff classification of women's woven wearing apparel from China, Korea and Taiwan

Dear Mr. Wilson:

In your letter dated August 8, 1996, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 38-7802 consists of a jacket and skirt constructed from 55 percent rayon and 45 percent polyester woven fabric. The jacket consists of six panels and two contrasting colors. The panels on the right side and the left sleeve are of one color, as are the covered buttons on the sleeves and the front opening; the remainder of the jacket consists of the other contrasting color. The lined jacket features long sleeves with four button trim, a V-neckline, shoulder pads, and an off-center full front opening secured by a seven button closure. The solid colored skirt is fully lined and features a waistband, a rear zipper and button closure and a rear vent.

Style 10-1061 consists of a jacket and pants constructed from 60 percent rayon and 40 percent polyester woven fabric. The lined jacket features long sleeves, lapels, a velvet collar, shoulder pads and a full front opening secured by four velvet covered buttons. The jacket also has four decorative velvet bows on the front. The loose fitting pants have a rear zipper closure and a rear elasticized waistband.

Style 72-1078 consists of a jacket and skirt constructed from 65 percent polyester and 35 percent rayon woven fabric. The lined jacket features a sweetheart neckline, shoulder pads, long sleeves and a full front zippered opening. The jacket also has two welt pockets below the waist. The lined skirt features a flat front waistband with a partially elasticized rear waistband and a rear zipper and button closure.

The applicable subheading for the jackets of styles 38-7802 and 10-1061 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, blazers...of other textile materials: of artificial fibers: other: women's. The duty rate will be 28.7 percent ad valorem.

The applicable subheading for the skirt of style 38-7802 will be 6204.59.3010, 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: of artificial fibers: other: other: women's. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for the pants of style 10-1061 will be 6204.69.2510. 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...of other textile materials: of artificial fibers: trousers, breeches and shorts: other: trousers and breeches: women's. The duty rate will be 30 percent ad valorem.

The applicable subheading for the jacket of style 72-1078 will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers: jackets and jacket-type garments excluded from headings 6202. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for the skirt of style 72-1078 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 and blazers, dresses, skirts...of synthetic fibers: other: other: women's. The duty rate will be 16.8 percent ad valorem.

The jackets fall within textile category designation 635; the skirts fall within textile category designation 642 and the pants fall within textile category designation 648. Based upon international textile trade agreements products of China, Korea and Taiwan are subject to quota restraints and a visa requirement.

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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