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NY J84947




June 20, 2003

CLA-2-61:RR:NC:TA:359 J84947

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.23.0026-6102.30.2010; 6104.23.0032-6104.63.2011

Mr. J.L. Santana
Aloyd Forwarding Co., Inc.
149-09 183rd Street
Springfield Gardens, NY 11413

RE: The tariff classification of a woman’s knit ensemble from China

Dear Mr. Santana:

In your letter dated May 22, 2003, you requested a classification ruling on behalf of Americo, Inc., New York, New York. As requested, your sample is being returned to you.

Your sample, style IW43TOP/IW43BOTTOM, is a two-piece woman’s knit ensemble. The fabric of the garments consists of two layers bonded together. The outside layer of the bonded fabric is made of 100% polyester knit terry fabric. The inner layer of the bonded fabric is 100% polyester jersey knit fabric. Each garment of the ensemble is made up in identical fabric and put up for retail sale together. The ensemble is comprised of an upper body garment, a jacket; and a lower garment, a pair of trousers. Both components of the ensemble are of the same color, style, and composition and are corresponding sizes. The jacket features a hood, long sleeves with ribbed cuffs, a full front zippered closure, patch pockets at the chest and a ribbed knit bottom that provides a tightening at the waist. The trousers feature an elastic waist, patch pockets near the knee and a long hemmed leg opening.

The applicable subheading for the jacket will be 6104.23.0026, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ ensembles, knitted: of synthetic fibers: other: garments described in 6102. The duty rate will be 28.4% ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6102.30.2010.

The applicable subheading for the trousers will be 6104.23.0032, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ ensembles, knitted: of synthetic fibers: other: trousers and breeches. The duty rate will be 28.4% ad valorem. This is the rate that would be applicable if the garment was entered separately and classified in subheading 6104.63.2011.

The jacket falls within textile category designation 635. The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Macau are subject to quota 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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