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NY K80285




November 26, 2003
CLA-2-62:RR:NC:N3:360 K80285

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.30.3030, 6204.33.5010

Anthony LoPresti
Vice President, Imports/Compliance
S.J. Stile Associates Ltd.
181 South Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of women’s woven garments from Hong Kong

Dear Mr. LoPresti:

In your letter dated October 31, 2003, on behalf of Item Eyes Inc., you requested a classification ruling. This office has retained the samples submitted with your request as official samples.

The submitted sample, style 61216, is a women’s shirt manufactured from62% polyester/33% rayon/5% spandex. The tunic-styled garment features long hemmed sleeves, a pointed collar, a full front opening with a five button closure, a left breast pocket, a rear yoke and a self fabric belt.

The submitted sample, style 47277S, is a women’s tailored jacket manufactured from 85% acrylic and 15% cotton woven fabric. The garment extends below the waist and is constructed from more than four panels sewn together lengthwise and incorporates princess seaming. The jacket is fully lined and features long hemmed sleeves, a placket that extends around the neck and a full front opening without a closure.

The submitted sample, style 43256S, is a women’s tailored jacket manufactured from 100% polyester woven fabric. The garment extends to the hips and is constructed from more than four panels sewn together lengthwise and horizontal seaming at the waist. The jacket is fully lined and features long hemmed sleeves, stitching around the neck and full front opening and a metal fastener at the waist.

For styles 47277S and 43256S you have suggested classification under heading 6211, HTS, which provides for other garments, jackets excluded from heading 6202, HTS. These jackets are tailored and have features normally associated with suit-type jackets classified under heading 6204, HTS, the more specific heading.

The applicable subheading for style 61216 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s blouses of man-made fibers. The duty rate will be 27.1 percent ad valorem.

The applicable subheading for styles 47277S and 43256S will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s suit-type jackets of synthetic fibers. The duty rate will be 27.5 percent ad valorem.

Style 61216 falls within textile category designation 641. Styles 47277S and 43256S fall within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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 Patricia Schiazzano at 646-733-2051.

Sincerely,

Robert B. Swierupski
Director,

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