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NY K80006




November 5, 2003

CLA-2-62:RR:NC:TA:357 K80006

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011; 6204.63.3510

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a women’s jacket and trousers set from Taiwan

Dear Mr. Nagel:

In your letter dated October 8, 2003, you requested a classification ruling. Samples were submitted and are being returned as you requested.

Style CE3006 is a women’s jacket with a shell made from a 100% polyester woven fabric. It has a three-quarter length front zipper opening, a self-fabric permanent hood, slant pockets at the waist, a full mesh lining, a zippered pocket on the left sleeve, a vented hemmed bottom and a roll-back split cuff with a contrasting color lining.

Style CE3007 is a pair of unlined trousers made from a 100% polyester woven fabric. This garment has a partially elasticized waistband with an elasticized drawcord, slant pockets below the waist, patch pockets with flaps secured by a hook and loop closure on the thighs and hemmed bottoms with no tightening elements.

The garments may also be imported as a set under style number CE4002, and you asked for the classification in both formats.

These garments are classified in separate headings whether imported as a set or separately, as follows.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.9 percent ad valorem.

The applicable subheading for the trousers will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s trousers and breeches, of synthetic fibers. The duty rate will be 28.8 percent ad valorem.

The jacket falls within textile category designation 635, the trousers within category 648. Based upon international textile trade agreements products of Taiwan 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 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. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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