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NY G80169





August 10, 2000

CLA-2-62:RR:NC:TA 360 G80169

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.13.2010

Mr. John A. Bessich
Mr. Don M. Obert
Follick & Bessich
33 Walt Whitman Road
Suite 204
Huntington Station, NY 11746

RE: The tariff classification of a woman’s suit from China

Dear Sirs:

In your letter dated July 25, 2000, you requested a classification ruling on behalf of Royalcraft Trimming Corp. The sample submitted with your request will be returned to you under separate cover.

Style 573130 consists of a suit-type jacket and skirt made from identical woven fabric produced from 100 percent polyester fibers. Both garments are fully lined. The jacket is constructed from four panels sewn together lengthwise. The jacket features long hemmed sleeves, shoulder pads and a full front opening secured by one button. The jacket also has a modesty piece that is permanently affixed on the right side and attaches to the left side by means of three snap closures. The neckline, front opening and top of the modesty piece are embellished with beadwork. The ankle length skirt features a partially elasticized waistband, a back zipper closure and a front slit. The skirt is embellished with beadwork on the waistband.

The requirements for classification as a suit are set out in Note 3(a) to Chapter 62, HTSUS. The jacket and skirt at issue fit the definition of a suit as provided for in Note 3. The jacket consists of four or more panels and the jacket and skirt are made up of identical fabric, i.e., they are of the same fabric construction, style, color and composition.

The applicable subheading for style 573130 will be 6204.13.2010, 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): suits: of synthetic fibers: other: women’s. The duty rate will be 36.2 cents/kg + 26.5 percent ad valorem.

Style 573130 falls within textile category designation 644. Based upon international textile trade agreements products of China 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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