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NY H88319




March 25, 2002

CLA-2-62:RR:NC:N3:360 H88319

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030, 6211.43.0078

Mr. Lynden Davis
Exel Global Logistics Inc.
248-06 Rockaway Boulevard
Jamaica, NY 11422

RE: The tariff classification of a woman's jacket and dress from El Salvador.

Dear Mr. Davis:

In your letter dated January 20, 2002, and received on February 26, 2002, you requested a tariff classification ruling on behalf of Leslie Fay Marketing, Inc. The sample submitted with your request will be returned to you under separate cover.

Style LF 27 consists of a dress and a jacket constructed from 100 percent polyester woven fabric. The dress is sleeveless and features a scooped neckline, a partial back opening secured by a button and loop closure and side vents. The jacket features short sleeves, a V-neckline and a full front opening secured by one button. Both garments are reversible and will be imported in plastic bags and will be sold together at retail.

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: women’s. The rate of duty will be 16.2 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’: man-made fibers: jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 16.2 percent ad valorem.

You have also requested information concerning the acceptable method of marking the country of origin on these reversible garments. The Customs Service has ruled that country of origin marking on reversible outerwear garments without pockets by means of a hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134. In this case, we can not determine if these factors have been met since a sample of your proposed marking was not submitted for our review.

Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The dress falls within textile category designation 636 and the jacket falls within textile category designation 635. Based upon international textile trade agreements products of El Salvador are currently not subject to quota restraints or 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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