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NY C85558




April 3, 1998

CLA-2-62:RR:NC:TA:360 C85558

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.8020; 6211.49.9080; 6204.59.4020; 6204.69.9020

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of women's woven wearing apparel from Taiwan

Dear Mr. Stack:

In your letter dated March 17, 1998, you requested a classification ruling on behalf of Ellen Tracy, Inc. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are constructed from 50 percent linen, 26 percent rayon, 12 percent mohair and 12 percent wool woven fabric. You have stated that these garments will be merchandised as coordinates but will be imported separately.

Style 10501398 is a fully lined jacket that features long sleeves with three button trim, a collar, lapels, shoulder pads, two welt pockets below the waist and a full front opening secured by one button. The garment extends to the mid thigh area.

Style 10551398 is a fully lined jacket that features long sleeves, a collar, lapels, shoulder pads, two pockets with flaps below the waist and a full front opening secured by three buttons. The garment extends below the mid-thigh area.

Style 10513398 is a fully lined skirt that has a back zipper closure, a waistband and a back vent.

Style 10512398 is a pair of pant that feature a waistband with five belt loops, a fly front and long straight hemmed legs.

The applicable subheading for style 10501398 will be 6204.39.8020, 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 other textile materials: other: other: subject to wool restraints. The duty rate will be 6.5 percent ad valorem.

The applicable subheading for style 10551398 will be 6211.49.9080, 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 other textile materials: other: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for style 10513398 will be 6204.59.4020, 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 other textile materials: other: subject to wool restraints. The duty rate will be 7 percent ad valorem.

The applicable subheading for style 10512398 will be 6204.69.9020, 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): trousers, bib and brace overalls, breeches and shorts: of other textile materials: other: subject to wool restraints. The duty rate will be 2.9 percent ad valorem.

Style 10501398 falls within textile category designation 435; style 10551398 falls within textile category designation 835; style 10513398 falls within textile category designation 442 and style 10512398 falls within textile category designation 448. Based upon international textile trade agreements products of Taiwan 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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