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NY J89630




October 31, 2003

CLA-2-62:RR:NC:N3:360 J89630

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060, 6204.63.3510, 6204.39.8060

Mr. Wing Leung
Dress Barn
30 Dunnigan Road
Suffern, NY 10901

RE: The tariff classification of women's shirts and pants from China and Jordan.

Dear Mr. Leung:

In your letter dated September 30, 2003, you requested a ruling on tariff classification.

The submitted sample, style 7719, is a woman’s shirt constructed from 97 percent polyester and 3 percent spandex woven fabric. The shirt features long sleeves with buttoned cuffs, a collar, two chest pockets with flaps, two pockets below the waist with flaps and a full front opening secured by five buttons.

The submitted sample, style 7779, is a pair of women’s pants constructed from 97 percent polyester and 3 percent spandex woven fabric. The pants feature a waistband, a front button and zipper closure, side seam pockets and long hemmed legs.

The submitted sample, style 7001, is a woman’s jacket constructed from 98 percent linen and 2 percent other woven fibers. The jacket features long hemmed sleeves, a collar, side vents, shoulder pads, two pockets in the middle of the front panels and an unsecured full front opening.

General Note 3(a)(v), HTSUS, identifies the requirements for articles deemed to be the “product of” the West Bank, Gaza Strip or a QIZ to qualify for duty-free treatment. You have not provided the information required to substantiate such a claim.

The applicable subheading for style 7719 will be 6211.43.0060, 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 man-made fibers: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for style 7779 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, skirt, 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: other: other: trousers and breeches: women’s. The rate of duty will be 28.8 percent ad valorem.

The applicable subheading for style 7001 will be 6204.39.8060, 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 other textile materials: other: other: other. The rate of duty will be 6.3 percent ad valorem.

Style 7719 falls within textile category designation 641; style 7779 falls within textile category designation 648 and style 7001 falls within textile category designation 835. Based upon international textile trade agreements products of Jordan are not currently subject to quota restraints or a visa requirement. Products of China that fall within category 835 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 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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