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NY 887217



July 2, 1993

CLA-2-61:S:N:N5:359 887217

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.33.1000

Ms. Robin Hausman
Theo Miles Collections
A Division of The Leslie Fay Companies, Inc. 1400 Broadway
New York, NY 10018

RE: The tariff classification of a woman's garment from Hong Kong.

Dear Ms. Hausman:
In your letter dated June 11, 1993, you requested a tariff classification ruling.
The submitted sample, style 1873/1873P is a woman's suit- type jacket consisting of 3 panels (of which 2 are at the front) sewn together lengthwise. It extends from the shoulders to the waist and is manufactured from a knitted fabric which consists of 50 percent lambswool and 50 percent acrylic. The outer surface of the fabric is constructed with 11 stitches per 2 centimeters measured in the horizontal direction. The garment features a full frontal opening with 8 velvet button closures in a double breasted design. Also featured are long sleeves with velvet cuffs, a velvet lapel type collar and capping on the placket. The velvet trim is composed of 80 percent cotton, 15 percent polyester and 5 percent spandex.

Since the jacket is constructed with fewer than 10 stitches per linear centimeter it is precluded from classification as a shirt under subheading 6106, Harmonized Tariff Schedule of the Untied States (HTS).

At the time of entry, Customs may verify the actual fiber content of the garment. If the fiber content varies from the weight breakdown provided in your letter, the HTS classification may differ from the information indicated.

The sample will be returned as you requested.

The applicable subheading for the submitted sample will be 6104.33.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's..., suit-type jackets,..., knitted..., of synthetic fibers, containing 23 percent or more by weight of wool.... The rate of duty will be 68.3 cents/Kg + 20 percent ad valorem.
Style 1873/1873P falls within textile category designation 435. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

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 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 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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