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NY J83055




April 16, 2003

CLA-2-62:RR:NC:N3:360 J83055

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.2061; 6204.32.2010; 6206.10.0040

Ms. Elizabeth Hodur
Warnaco
149 Madison Avenue
New York, NY 10016

RE: The tariff classification of women's woven wearing apparel from China and the Philippines

Dear Ms. Hodur:

This letter replaces the ruling letter we sent to you under file number J81973. The purpose of this replacement letter is to correct a transposition of style numbers ZJ28C0644 and ZJ30C0634. A corrected letter follows.

In your letter dated March 6, 2003, you requested a ruling on tariff classification. The samples submitted with your original request were returned to you.

Style ZJ28C0644 is a woman’s blouse constructed from 100 percent silk woven fabric. The garment features a stand up collar, long sleeves with zippers, two chest pockets and a full front zippered opening. The garment also has a self-fabric belt and belt loops and a snap tab at the bottom.

Style ZJ30Q0645 is a woman’s jacket constructed from 98 percent cotton and 2 percent spandex woven corduroy fabric. The garment features long sleeves with vents and a buttoned tab, a stand up collar, two chest pockets with buttoned flaps, two pockets below the waist with buttoned flaps and a full front opening secured by four buttons.

Style ZJ30C0634 is a woman’s jacket constructed from 98 percent cotton and 2 percent spandex woven fabric. The garment features long sleeves with zippers, a banded collar with two snap closures, two pockets at the waist with zippers a full front zippered opening and an adjustable belt with belt loops in the front at the bottom. The garment also has a tab that extends from the chest area on the right front to the upper back.

The applicable subheading for style ZJ28C0644 will be 6206.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls; blouses, shirts and shirt-blouses: of silk or silk waste: other: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 7 percent ad valorem.

The applicable subheading for style ZJ30Q0645 will be 6204.32.2010, 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): suit-type jackets and blazers: of cotton: of cotton: other: corduroy: women’s. The rate of duty will be 9.5 percent ad valorem.

The applicable subheading for style ZJ30C0634 will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: overcoats, carcoats, capes, cloaks and similar coats: of cotton: other: other: other: women’s. The rate of duty will be 9 percent ad valorem.

Styles ZJ30Q0645 and ZJ30C0634 fall within textile category designation 335 and style ZJ28C0644 falls within textile category designation 741. Based upon international textile trade agreements products of textile category 335 from China and the Philippines are currently subject to quota and the requirement of a visa. Products of textile category 741 from China and the Philippines are currently not 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 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.).

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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