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NY J85832




July 15, 2003

CLA-2-62:RR:NC:N3:360 J85832

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010, 6204.53.3010, 6204.63.3510

Ms. Nicole Trimble
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of women's wearing apparel from China

Dear Ms. Trimble:

In your letter dated June 16, 2003, you requested a tariff classification ruling on behalf of Alberto Makali. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are patchwork garments constructed from alternating patches of different materials: 100 percent suede, 100 percent leather and 100 percent polyester woven fabric.

Style 258126 is a woman’s blazer. The blazer features long hemmed sleeves, a collar and lapels, a lining, two patch pockets below the waist and a full front opening secured by a leather tie.

Style 258626 is a woman’s skirt. The skirt features a waistband with a back zipper closure, a full lining and a back vent.

Style 258526 is a pair of women’s pants. The pants feature a waistband with a button and zipper closure, a tab that fastens with a buckle, a full lining and long hemmed legs with side vents.

Goods consisting of different materials or made up of different components are to be classified according to the material or component that provides the essential character to the product. When such a determination cannot be made, the product is classifiable under the heading which occurs last in the tariff, among those which equally merit consideration, in accordance with General Rules of Interpretation, GRI 3(c). In this case, neither the leather, the suede nor the woven polyester fabric provides the essential character. Therefore, the garments are classifiable as textile products classifiable under the heading for women’s jackets of synthetic fibers, women’s skirts of synthetic fibers and women’s trousers of synthetic fibers.

The applicable subheading for style 258126 will be 6204.33.5010, 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 synthetic fibers: other: women's. The rate of duty will be 27.5 percent ad valorem.

The applicable subheading for style 258626 will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): skirts and divided skirts: of synthetic fibers: other: other: women’s. The rate of duty will be 16.1 percent ad valorem.

The applicable subheading for style 258526 will be 6204.63.3510, 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, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: trousers and breeches: women's. The rate of duty will be 28.8 percent ad valorem.

Style 258126 falls within textile category designation 635, style 258626 falls within textile category designation 642 and style 258526 falls within textile category designation 648. Based upon international textile trade agreements products of China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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