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NY C86423




April 27, 1998

CLA-2-62:RR:NC:WA:357 C86423

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000; 6204.69.4010

Ms. Catherine L. Holmes
A.W. Fenton Company, Inc.
1157 Rarig Avenue
Columbus, Ohio 43219-2357

RE: The tariff classification of a woman's jacket and pair of trousers from China

Dear Ms. Holmes:

In your letter dated April 7, 1998, on behalf of Consolidated Stores Corp., you requested a classification ruling.

The sample submitted, style number 4717, consists of a woman's windbreaker-type jacket and pair of trousers. Both the jacket and trousers are constructed of an outershell composed of a woven 100% silk fabric and are lined with a woven 100% nylon fabric. The jacket is quilted to a non woven batting across the front chest and on each sleeve.

The jacket has a stand-up collar and a full front opening secured by a zipper closure. There are two side seam pockets at the waist. The sleeve cuffs and waistband are elasticized.

The trousers have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets below the waist. The ankle cuffs are elasticized.

In your letter you indicated that the identical jacket and trousers will also be imported in a printed silk fabric without the quilting across the front chest or on the sleeves under style number 225 in misses sizes and under style number 224 in plus sizes.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' anoraks, windbreakers and similar articles, of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 1.8 percent ad valorem.

The applicable subheading for the trousers will be 6204.69.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' trousers, bib and brace overalls, breeches and shorts: of other textile materials: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste, trousers, breeches and shorts. The duty rate will be 4.9 percent ad valorem.

The jacket falls within textile category designation 735. The trousers fall within textile category designation 748. Based upon international textile trade agreements products of China are not presently subject to quota restraints but a visa is required. 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 W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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