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NY I87871





November 5, 2002

CLA-2-62:RR:NC:N3:360 I87871

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4010; 6204.69.9044; 6110.20.2075; 6206.40.3010; 6211.42.0056

Ms. Karen Kuza
The Marmaxx Group
Imports Rt. J4S
770 Cochituate Road
Framingham, MA 01701

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

Dear Ms. Kuza:

This letter replaces the ruling letter we sent to you under file number I86260. The purpose of this replacement letter is to correct the fiber content of the pants of style 3357MYS3. In your original submission the fiber content was erroneously stated as being 100% cotton when in fact the fiber content is 55% linen and 45% rayon. A corrected letter follows.

In your letter dated September 18, 2002, you requested a tariff classification ruling on behalf of Newton Buying Corp. and Marshalls of MA, Inc. The samples submitted with your original request have been be returned to you.

Style 95010 is a woman’s blouse constructed from 100 percent cotton woven fabric. The blouse features long sleeves, a collar, two pockets below the waist and a full front opening secured by five buttons. The garment has a contrasting colored collar and piping on the front panels.

Style 3357MYS3 consists of an upper body garment similar to a cardigan and pants. The upper body garment is constructed from 100 percent cotton knitted openwork fabric and the pants are constructed from 55 percent linen and 45 percent rayon woven fabric. The upper body garment is sleeveless and features a round neckline, a full lining and a full back opening secured by six buttons and a self-fabric tie at the neck. The fully lined pants feature a side zip closure, long legs with side vents and 2 ¾ inches of the openwork fabric of the top.

Style 3374LSS3 consists of a dress and blouse constructed from 100 percent polyester georgette woven fabric. The pullover dress is sleeveless and features a front and back V-neckline and a full lining. The shirt features long sleeves with buttoned cuffs, a collar and a full front opening secured by eight buttons. The garment extends from the shoulder to the ankle and has side vents that extend from the hem to the waist.

The applicable subheading for style 95010 will be 6211.42.0056, 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 cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: other. The rate of duty will be 8.2 percent ad valorem.

The applicable subheading for the upper body garment of style 3357MYS3 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: women’s or girls’. The rate of duty will be 17.3 percent ad valorem.

The applicable subheading for the pants of style 3357MYS3 will be 6204.69.9044, 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): trousers, breeches and shorts: of other textile materials: other: trousers and breeches: other. The duty rate will be 2.8 percent ad valorem.

The applicable subheading for the dress of style 3374LSS3 will be 6204.43.4010, 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 synthetic fibers: other: other: with two or more colors in the warp and/or the filling: women’s. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for the shirt of style 3374LSS3 will be 6206.40.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: with two or more colors in the warp and/or the filling: women’s. The rate of duty will be 27.2 percent ad valorem.

Style 95010 falls within textile category designation 341; the upper body garment of style 3357MYS3 falls within textile category designation 339; the pants fall within textile category designation 847; the dress falls within textile category designation 636 and the shirt of style 3374LSS3 falls within textile category designation 641. Based upon international textile trade agreements products of Hong Kong are currently subject to quota restraints and the requirement of a visa. Products that fall within textile category 847 are not currently subject to quota restraints or a visa requirement.

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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