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NY H89026





March 25, 2002

CLA-2-62:RR:NC:N3:360 H89026

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010, 6211.43.0066

Ms. Lisa E. Girvin
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a woman's jumper and dress from the Philippines.

Dear Ms. Girvin:

In your letter dated March 1, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Item number 017-2169(petite) is a woman’s dress constructed from 70 percent rayon and 30 percent wool woven fabric. The dress is sleeveless and features a round neckline, a lining, and a back zipper closure. The skirt portion is a semi wrap skirt with a buckle at the top and fringe along the opening. This garment will also be imported in regular and tall sizes under item numbers 071-2168 and 017-2170.

Item number 017-2080(regular) is a woman’s jumper constructed from 70 percent rayon and 30 percent wool woven fabric. The garment is identical in styling to the above except with oversized armholes. The garment provides insufficient coverage for wear without another outer garment.

The applicable subheading for item number 017-2169 will be 6204.44.4010, 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 man-made fibers: other: other: women’s. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for item number 017-2080 will be 6211.43.0066, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits, swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jumpers: other. The rate of duty will be 16.2 percent ad valorem.

Item number 017-2169 falls within textile category designation 636 and item number 017-2080 falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines 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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