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NY D84699




December 10, 1998

CLA-2-62:RR:NC:TA:360 D84699

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.6000; 6204.59.4020; 6204.59.4040; 6204.69.4010; 6211.49.1050

Mr. Michael Moser
Grace International CB Inc.
145-119 Guy R. Brewer Blvd.
Jamaica, NY 11434

RE: The tariff classification of women's woven garments from Hong Kong, China or Korea

Dear Mr. Moser:

In your letter dated November 10, 1998, you requested a classification ruling on behalf of Teri Jon Sports Inc. The samples submitted have already been returned to the importer.

Style 9007 consists of a jacket and skirt. Both garments are manufactured from a woven waffle weave fabric of 70% silk and 30% wool. The jacket features a collar, a full front opening secured by three buttons with loop closures, long sleeves and embroidery and beading around the full front opening and collar. The skirt is knee length and features a rear zipper closure. There is no embellishment on the skirt.

Style 9024 consists of a jacket and skirt. The jacket is manufactured from a woven waffle weave fabric of 70% silk and 30% wool. The skirt is made from 100% crepe silk woven fabric. The jacket features a lapel with a satin finish fabric, long sleeves and a full front opening with a detachable modesty piece. The skirt is ankle length with a rear zipper closure and satin fabric on the waistband.

Style 9021 consists of a jacket and skirt. Both garments are manufactured from a woven waffle weave fabric of 70% silk and 30% wool. The jacket is identical in styling to the jacket of style 9024. The skirt is knee length with a rear zipper closure.

Style 9032 consists of a jacket and dress. The jacket is manufactured from a woven waffle weave fabric of 70% silk and 30% wool. The dress is made from 100% silk woven fabric. The jacket features long sleeves, a lapel, a full front opening secured by four buttons and flaps simulating pockets. The lapel and pocket flaps are embroidered and beaded. The dress is ankle length and sleeveless. It features a rear zipper closure and an off center front slit.

Style 9009 consists of a jacket, camisole and pants. The jacket is manufactured from a woven waffle weave fabric of 70% silk and 30% wool. The camisole and pants are made from 100% crepe silk woven fabric. The jacket features a full front opening secured by one button, a collar and lapels and a flounce at the waist. There is beading around the opening, lapel and collar and the rear seams. The pants feature a rear elasticized waistband and a side zipper closure. The camisole features shoulder straps that are approximately two inches in width, shaped necklines at the front and rear and beading at the neckline.

Style 6049 consists of a jacket and skirt. Both garments are manufactured from a woven waffle weave fabric of 70% silk and 30% wool. The jacket features a full front opening with a four button closure, long sleeves, a collar and lapels and embroidery and beading. The skirt is knee length and features a rear zipper closure.

Style 6050 consists of a jacket and dress. The jacket is manufactured from a woven waffle weave fabric of 70% silk and 30% wool. The dress is made from 100% silk woven fabric. The jacket is identical in styling to the jacket of style 6049. The dress is sleeveless and extends to the ankles. It has a U shaped front neckline, a V shaped rear neckline and an off center front slit.

The applicable subheading for all of the jackets is 6204.39.6000, Harmonized Tariff Schedule of the United States (HAS), which provides for women's or girls' suit-type jackets and blazers: of other textile materials: other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 6.5 percent ad valorem.

The applicable subheading for the skirts of styles 9007, 9021 and 6049 is 6204.59.4020, Harmonized Tariff Schedule of the United States (HAS), which provides for women's or girls' suit-type jackets and blazers: of other textile materials: other: subject to wool restraints. The duty rate will be 7 percent ad valorem.

The applicable subheading for style 9024 is 6204.59.4040, Harmonized Tariff Schedule of the United States (HAS), which provides for women's or girls' suit-type jackets...skirts: of other textile materials: other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7 percent ad valorem.

The applicable subheading for the dresses of styles 9032 and 6050 is 6204.49.1000, Harmonized Tariff Schedule of the United States (HAS), which provides for women's or girls' suit-type jackets ...skirts: of other textile materials: other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for the pants of style 9009 is 6204.69.4010, Harmonized Tariff Schedule of the United States (HAS), which provides for women's or girls' suit-type jackets ...trousers: of other textile materials: other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 4.9 percent ad valorem.

The applicable subheading for the camisole of style 9009 is 6211.49.1050, Harmonized Tariff Schedule of the United States (HAS), which provides for women's or girls' suit-type jackets and blazers: of other textile materials: other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 5.2 percent ad valorem.

The jackets fall within textile category designation 735; the skirts of styles 9007, 9021 and 6049 fall within category 442; the skirt of style 9024 falls within category 742; the dresses of styles 9032 and 6050 fall within category 736 ; the pants of style 9009 fall within category 748 and the camisole of style 9009 falls within 741. Based upon international textile trade agreements products of Hong Kong and Korea, with the exception of the skirts of styles 9007, 9021 and 6049, are not subject to a visa requirement and quota restraints. Products of China, with the exception of the skirts of styles 9007, 9021 and 6049 are subject to a visa requirement but not to quota restraints. The skirts of styles 9007, 9021 and 6049, when from Hong Kong, China or Korea 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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