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NY J86893





August 12, 2003

CLA-2-62:RR:NC:N3:360 J86893

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.23.0030, 6204.23.0035

Mr. Lynden Davis
Exel Global Logistics Inc.
230-39 Int'l Airport Center Boulevard
Suite 1000
Jamaica, NY 11413

RE: The tariff classification of a woman's ensemble from Indonesia

Dear Mr. Davis:

In your letter dated July 22, 2003, you requested a tariff classification ruling on behalf of LF Brands, Inc. The sample submitted with your request will be returned to you under separate cover.

Style X-4223 is a woman’s ensemble consisting of a jacket and skirt constructed from 100 percent polyester woven fabric. The jacket is composed of more than four panels sewn together lengthwise and features a round neckline, long hemmed sleeves, shoulder pads, front vents and a full front opening secured by five contrasting colored buttons. The skirt features an elasticized back waist, a side button and zipper closure and a back vent. Although the garments are made from the same fabric construction and composition, they are not of the same color and are therefore excluded from consideration as a suit {Chapter 62 note 3(a)}.

The applicable subheading for the jacket will be 6204.23.0030, 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): ensembles: of synthetic fibers: other: garments described in heading 6202; jackets and blazers described in heading 6204. The rate of duty will be 27.5 percent ad valorem.

The applicable subheading for the skirt will be 6204.23.0035, 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): of synthetic fibers: other: skirts and divided skirts. The rate of duty will be 16.1 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 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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