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NY B83201





April 14, 1997

CLA-2-62:RR:NC:TA:360 B83201

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.13.2010; 6204.53.3010; 6211.43.0078

Ms. Donamarie Richart
Dorby Frocks, Ltd.
463 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a woman's jacket, skirt and suit from Sri Lanka

Dear Ms. Richart:

In your letter dated March 10, 1997, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 8084B consists of a jacket and skirt constructed from 100 percent polyester woven fabric. The unlined jacket extends from the shoulders to the hip area and is constructed from four or more panels. The garment has long sleeves without cuffs, a pointed collar, shoulder pads and a full front zippered opening. The jacket also has two non-adjustable tabs at the sides of the waist that are approximately 8 3/4 inch long. The unlined skirt is semi-flared and has a back zipper closure.

Although the components of style 8084B appear to meet the definition of a suit as set forth in Chapter 62 note 3(a) in that they are of identical fabric construction, color and construction, they are not classifiable as a suit. The jacket has a zippered closure which precludes it from classification as a suit jacket. The garments, therefore, are separately classifiable under their own subheadings.

Style 5009C is a suit constructed from 100 percent polyester woven fabric. The partially lined jacket extends from the shoulders to the vicinity of the hips and is constructed from
four or more panels. The garment features long sleeves without cuffs, a collar, lapels, shoulder pads and a full front opening secured by seven buttons. The jacket also has two simulated pockets below the waist. The unlined skirt features a partially elasticized, rear waistband with a zipper closure and a vent at the bottom, center.

The applicable subheading for the jacket of style 8084B will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for 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 the skirt of style 8084B 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...: of synthetic fibers: other: other: women's. The duty rate will be 16.7 percent ad valorem.

The applicable subheading for both components of style 5009C will be 6204.13.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits... : of synthetic fibers: other: women's. The duty rate will be 36.8 cents/kg + 27 percent ad valorem.

The jacket of style 8084B falls within textile category designation 635; the skirt of style 8084B falls within textile category designation 642 and both components of style 5009C fall within textile category designation 644. Based upon international textile trade agreements products of Sri Lanka are subject to a visa requirement and 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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