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NY B89042




September 29, 1997

CLA-2-62:RR:NC:TA:360 B89042

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.4010; 6204.53.3010; 6211.43.0091

Ms. Katherine Zheng
Rong Mei USA Inc.
140 West 36th Street
Suite 212
New York, NY 10018

RE: The tariff classification of a woman's jacket, skirt and upper body garment from China

Dear Ms. Zheng:

In your letter dated August 28, 1997, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 92101 consists of three pieces constructed from 100 percent polyester woven fabric. The fully lined jacket features long sleeves, shoulder pads, a full front opening secured by one button, open work and decorative stitching down the front opening.

The skirt is fully lined and features a back button and zipper closure, a back vent, decorative stitching on the waistband and a partially elasticized waist at the sides.

The upper body garment features shoulder straps approximately 1 1/8 inch wide, an elasticized back and a slightly v'd neckline.

The applicable subheading for the jacket will be 6204.33.4010, 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): suit-type jackets and blazers: of synthetic fibers: other: women's. The duty rate will be 28.5 percent ad valorem.

The applicable subheading for the skirt 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 the upper body garment will be 6211.43.0091, 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: other. The duty rate will be 16.7 percent ad valorem.

The jacket falls within textile category designation 635; the skirt falls within textile category designation 642 and the upper body garment falls within textile category designation 659. Based upon international textile trade agreements products of China 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,

Robert B. Swierupski
Director,

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