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NY I80949




May 9, 2002

CLA-2-62:RR:NC:N3:360 I80949

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6211.43.0078

Mr. James J. Kelly
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a women's dress and long jacket-like garment from Taiwan.

Dear Mr. Kelly:

In your letter dated April 26, 2002, you requested a tariff classification ruling on behalf of Jones Apparel Group USA, Inc.

The submitted sample, style P01100414B, is a woman’s tank dress constructed from 100 percent polyester woven fabric. The fully lined dress is sleeveless and features a U-shaped neckline and 1 ¼ inch wide shoulder straps. The rear of the garment has a partial zipper and a slit at the center at the hem.

The submitted sample, style P01100414J, is a woman’s jacket constructed from 100 percent polyester woven fabric. The garment extends to below the knees and features a deep V-neckline, long sleeves, shoulder pads, an empire waist and a full front opening secured by one button at the end of the V-neckline. The neckline and sleeve edges are trimmed with a ruffle. The garment color coordinates with the dress and both items are designed to be worn together.

The applicable subheading for style P01100414B 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, dressesswimwear): dresses: of synthetic fibers: other: other: other: women’s. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for style P01100414J 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 rate of duty will be 16.2 percent ad valorem.

Style P01100414B falls within textile category designation 636 and style P01100414J falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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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