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NY F87337





June 21, 2000

CLA-2-62:RR:NC:TA 360 F87337

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.59.3010; 6204.69.2510; 6211.43.0078

Mr. Jerry Rogawski
Dorby Frocks, Ltd.
463 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a woman’s jacket, skirt and pants from Sri Lanka

Dear Mr. Rogawski:

In your letter dated May 26, 2000, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 4065NW consists of a jacket, skirt and pants constructed from 60 percent rayon and 40 percent polyester woven fabric. The jacket features long hemmed sleeves, shoulder pads, front vents and a full front zippered opening. The jacket also has an attached dickey of a contrasting color. The dickey attaches by means of buttons. The detachable dickey and the jacket are considered to be a composite good under GRI 3(b) with the essential character imparted by the jacket. The skirt features a back zipper closure and a back vent. The pants feature a partially elasticized waist, a back zipper closure and long hemmed legs with vents.

The Explanatory Notes to heading 6103, HTS, which applies mutatis mutandis to the articles of heading 6204, HTS, states that a jacket with a zipper closure is excluded from classification under heading 6204, HTS, and therefore is excluded from classification as a jacket component of a suit. Accordingly, each garment in this grouping is classified separately under its own subheading.

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’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for the skirt will be 6204.59.3010, 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 other textile materials: of artificial fibers: other: other: women’s. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for the pants will be 6204.69.2510, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of other textile materials: of artificial fibers: other: trousers and breeches: women’s. The duty rate will be 29.3 percent ad valorem.

The jacket falls within textile category designation 635, the skirt falls within textile category designation 642 and the pants fall within textile category designation 648. Based upon international textile trade agreements products of Sri Lanka 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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