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NY B87501




July 29, 1997

CLA-2-62:RR:NC:TA:360 B87501

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.53.3010; 6204.63.3510; 6211.43.0078

Ms. Glenda Smith
Lansdale Manufacturing
120 Domorah Drive
Montgomeryville, PA 18936

RE: The tariff classification of a woman's skirt, pants and jacket from Colombia, Costa Rica and the Dominican Republic

Dear Ms. Smith:

In your letter dated July 9, 1997, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 712540 is a jacket constructed from 97 percent polyester and 3 percent spandex woven fabric. The unlined jacket features long, hemmed sleeves, a collar, a self fabric belt and a full front zippered opening. This garment will also be imported in petite sizes under style 712540p.

Style 712541 is a skirt that will be constructed from 97 percent polyester\3 percent spandex or 95 percent polyester\5 percent spandex woven fabric. The unlined skirt features a waistband with a button and zipper closure, two front pockets and five belt loops. This garment will also be imported in petite sizes under style 712541p.

Style 712543 is a pair of pants constructed from 97 percent polyester and 3 percent spandex woven fabric. The pants feature an elastic waist, a side zipper closure and straight hemmed legs.

The applicable subheading for style 712540 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 heading 6202. The duty rate will be 16.7 percent ad valorem.

The applicable subheading for style 712541 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 duty rate will be 16.7 percent ad valorem.

The applicable subheading for style 712543 will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: trousers and breeches: women's. The duty rate will be 29.9 percent ad valorem.

Style 712540 falls within textile category designation 635; style 712541 falls within textile category designation 642 and style 712543 falls within textile category designation 648. Based upon international textile trade agreements products of Colombia are subject to a visa requirement and are currently not subject to quota restraints. Currently products from Costa Rica, in category 642, are subject to a visa requirement and quota restraints. Products of the Dominican Republic are subject to a visa requirement, in addition, products in categories 642 and 648 are subject to quota restraints.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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