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NY A86894




September 17, 1996

CLA-2-62:RR:NC:WA:355 A86894

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.30.2070; 3926.20.9050

Mr. Patrick Pascarella
Viking Sea Freight Inc.
181 South Franklin Avenue
Suite 607
Valley Stream, NY 11581

RE: The tariff classification of a man's shirt and a woman's jacket from Hong Kong.

Dear Mr. Pascarella:

In your undated letter received by us on August 23, 1996, on behalf of Presidio International, Inc., you requested a classification ruling. The samples will be returned to you.

You have submitted three samples. Style FMC96WK is a man's unlined shirt; the front panels, sleeves and collar are constructed of 50% rayon and 50% polyester woven fabric; the back of the garment is constructed of 100% wool knit fibers. The garment features long sleeves with one button cuffs and one button sleeve openings, a collar, a full frontal opening secured with seven covered buttons, one breast pocket and a hemmed bottom. The essential character of the garment is imparted by the woven portion.

Style FK53AR is a woman's jacket of a cellular plastic construction with a fabric backing which serves merely for reinforcement purposes. The lined, waist length, fitted jacket features a full frontal opening with a zippered closure, long sleeves and a collar.

The applicable subheading for style FMC96WK, will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shirts: of man-made fibers: other: other, other: other: men's. The duty rate will be 30.5 cents per kg. plus 27.2 percent ad valorem.

The applicable subheading for style F5K53AR, will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessories: other: other. The duty rate will be 5 percent ad valorem.

You have indicated that the third sample, style F5P68HR (woven pants) are sold as "women's". Since the closure at the waist buttons left over right, there is a legal presumption that the garment is for men. In order to classify style F5P68HR, we need the following information:

(1) Please provide specifications for the range of sizes for this garment.

(2) Do you sell men's garments? If so, please provide size specifications for a pair of men's pants in a similar style in the various sizes.

(3) Using the size specifications above, indicate the specific measurements that distinguish a man's from a woman's garment.

(4) If you do not sell both men's and women's garments, please provide an analysis of the size specifications, precisely indicating which measurements would be inappropriate for a men's garment. (eg. the waist v. hip measurement of the pants).

Style FMC96WK, falls within textile category designation 640. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

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 Gerard Shea at 212-466-5878.

Sincerely,

Roger J. Silvestri
Director

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