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April 6, 1999

CLA-2-62:RR:NC:360 D89505

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6204.53.3010; 6204.63.3510; 6206.40.3030; 6211.43.0078

Ms. Audrey Drillich
Peach Candy Corp.
1400 Broadway
New York, NY 10018

RE: The tariff classification of women’s woven wearing apparel from the Philippines

Dear Ms. Drillich:

In your letter dated March 17, 1999, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are constructed from 97 percent polyester and 3 percent spandex woven fabric.

Style 54615 consists of a blouse and skirt. The blouse features long hemmed sleeves, a V-neckline, shoulder pads, two contrasting colored front panels and a full front zippered opening. The skirt features and elasticized waist and a back vent.

Style 54541 consists of pants and a blouse. The blouse features long sleeves with button cuffs, a collar, side vents and a full front opening secured by five buttons. The pants feature an elasticized waist and long hemmed legs.

Style 54407 consists of a matching jacket and dress. The knee length jacket features long hemmed sleeves, a collar and lapels, shoulder pads, two simulated pockets with flaps below the waist and a full front opening secured by three buttons. The dress is sleeveless and features a slightly V’d neckline, a straight body and a back zipper closure. The applicable subheading for the blouses will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The duty rate will be 27.8 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 16.5 percent ad valorem.

The applicable subheading for the pants will be 6204.63.3510, 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 synthetic fibers: other: other: other: trousers and breeches: women’s. The duty rate will be 29.5 percent ad valorem.

The applicable subheading for the jacket will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for tracks suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for the dress will be 6204.43.4030, 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): dresses: of synthetic fibers: other: other: other: women’s. The duty rate will be 16.5 percent ad valorem.

The blouses fall within textile category designation 641; the skirt falls within textile category designation 642; the pants fall within textile category designation 648; the jacket falls within the textile category designation 635 and the dress falls within textile category designation 636. Based upon international textile trade agreements products of the Philippines are subject to quota restraints and a visa requirement.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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