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NY H87211




February 19, 2002

CLA-2-62:RR:NC:N3:360 H87211

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.22.3030; 6204.22.3040; 6204.22.3060

Ms. Bernadette Placido
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

RE: The tariff classification of women's woven wearing apparel from China or Hong Kong.

Dear Ms. Placido:

In your letter dated January 21, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style A63914 is made up of two ensembles consisting of a shirt and a divided skirt and shirt and a pair of pants.

The first ensemble consists of a shirt and pants. Both components are cut and sewn from 97 percent cotton and 3 percent spandex woven chambray fabric. The shirt features short sleeves, a collar, side vents and a full front opening secured by four buttons. The pants feature an elasticized drawstring waist, a simulated fly front, two front pockets, two back pockets and long hemmed legs.

The second ensemble consists of a shirt and a divided skirt. Both components are cut and sewn from 97 percent cotton and 3 percent spandex woven seersucker fabric. The shirt features short sleeves, a collar, two chest pockets, side vents and a full front zippered opening. The garment that you describe as a “skort”, is a divided skirt. The garment features short leg openings and an elasticized waist. The shorts are hidden in the front by a skirt that is attached on one side and fastens with a button closure. The leg separation is not apparent when viewed from the front.

The applicable subheading for both shirts will be 6204.22.3060, 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): ensembles: of cotton: blouses and shirts: other. The rate of duty will be 15.6 percent ad valorem.

The applicable subheading for the pants will be 6204.22.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): ensembles: of cotton: trousers and breeches. The rate of duty will be 16.8 percent ad valorem.

The applicable subheading for the divided skirt will be 6204.22.3030, 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): ensembles: of cotton: skirts and divided skirts. The rate of duty will be 8.3 percent ad valorem.

The shirts fall within textile category designation 341, the divided skirt falls within textile category designation 342 and the pants fall within textile category designation 348. Based upon international textile trade agreements products of China and Hong Kong are currently subject to quota restraints and the requirement of a visa.

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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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