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NY I81190




May 14, 2002

CLA-2-62:RR:NC:N3:360 I81190

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.3010; 6204.59.3010

Ms. Stacy Bauman
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a woman's jacket and skirt from Indonesia.

Dear Ms. Bauman:

In your letter dated April 19, 2002, you requested a tariff classification ruling on behalf of Dress Barn Inc.

The submitted sample, style DRS438, consists of a fully lined woman’s jacket and skirt constructed from 70 percent rayon and 30 percent polyester woven fabric. The suit-type jacket extends to the hips and features long sleeves with turned back cuffs, shoulder pads, lapels, and an unsecured full front opening. The lapels are of a contrasting color as are the turn back cuffs. The skirt features a waistband, a back zipper closure and a side vent with a contrasting colored facing which is not visible.

The applicable subheading for the jacket will be 6204.39.3010, 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 other textile materials: of artificial fibers: other: women’s. The rate of duty will be 27.6 percent ad valorem.

The applicable subheading for the skirt will be 6204.59.3010, 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): skirts and divided skirts: of other textile materials: of artificial fibers: other: other: women’s. The duty rate will be 16.2 percent ad valorem.

The jacket falls within textile category designation 635 and the skirt falls within textile category designation 642. Based upon international textile trade agreements products of Indonesia 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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