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NY F83166




March 14, 2000

CLA-2-62:RR:NC:TA: 360 F83166

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6204.63.3510; 6211.43.0078

Ms. Audrey Drillich
Peach Candy Corp.
55 West 39th Street
New York, NY 10018

RE: The tariff classification of a woman’s dress, pants and jacket from the Philippines

Dear Ms. Drillich:

In your letter dated February 22, 2000, you requested a classification ruling.

The submitted sample, style 21404, consists of a dress, pants and jacket constructed from 100 percent polyester woven fabric.

The dress is sleeveless and features a V-neckline, a back zipper closure and a back vent. The pants feature a partially elasticized waistband with a back zipper closure and long hemmed legs. The jacket features long hemmed sleeves, a collar and lapels, shoulder pads, decorative flaps below the waist, a back vent and a full front opening secured by three buttons. The jacket extends from the shoulder to just below the knee.

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 16.4 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 29.3 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 track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: jackets and jacket-type garments, excluded from heading 6202. The duty rate will be 16.4 percent ad valorem.

The dress falls within textile category designation 636; the pants fall within textile category designation 648 and the jacket falls within textile category designation 635. 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.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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