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NY C86684




May 20, 1998

CLA-2-62:RR:NC:TA:360 C86684

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1080

Mr. Arthur W. Bodek
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of women's jacket-like garments from China

Dear Mr. Bodek:

In your letter dated April 16, 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.

Three samples of women's jacket-like garments were submitted with your request, styles 31309, 41309 and 41319. All of the garments are made from 100 percent silk woven fabric. The garments are sheer, unconstructed and are designed to be worn over eveningwear dresses.

Style 41319 features batwing sleeves with button cuffs, a collar, lapels and a full front opening secured by three buttons. It is asymetrical in length: the front extends from the neck and shoulders to above the waist and the rear of the garment extends to approximately the hip area.

Styles 31309 (missy sized) and 41309 differ only in sizing. The garments extend from the neck and shoulders to the vicinity of thr knees and feature long sleeves with turn-back cuffs, a collar, a full front opening secured by one button at the neck, side slits and a rear yoke with a pleat below.

It is your contention that the lightweight nature of the fabric, as well as the construction of the garments, preclude them from classification under heading 6202, HTS. Furthermore, you suggest that the absence of closure on styles 31309/41309 and the abbreviated length of style 41319 preclude them from classification as blouses under heading 6206, HTS. We agree with your analysis.

The applicable subheading for styles 31309, 41309 and 41319 will be 6211.49.1080, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of other textile materials: containing over 70 percent or more by weight of silk or silk waste, jackets and jacket-type garments excluded from heading 6202. The duty rate will be 5.2 percent ad valorem.

Styles 31309, 41309 and 41319 fall within textile category designation 735. Based upon international textile trade agreements products of China are subject to a visa requirement and currently are not subject to 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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