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NY K81631




December 11, 2003

CLA-2-62:RR:NC:N3:360 K81631

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.6040; 6211.49.9050

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

RE: The tariff classification of a woman's blouse and pants from China

Dear Mr. Leung:

In your letter dated December 2, 2003, you requested a ruling on tariff classification.

The submitted sample, style 2323, is a woman’s blouse constructed from 55 percent linen and 45 percent rayon woven fabric. The blouse is lined and features short sleeves, a notched collar, two patch pockets below the waist, shoulder pads and a full front opening secured by three self covered buttons.

The submitted sample, style 2324L, is a pair of women’s trousers constructed from 55 percent linen and 45 percent rayon woven fabric. The pants are half lined and feature a waistband with elasticized sides, a front button and zipper closure, side seam pockets, cargo-type pockets at the thigh and long hemmed legs.

The applicable subheading for style 2323 will be 6211.49.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s: of other textile materials: other: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 62ear; other garments: other garments, women’s: of other textile materials: other: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 7.4 percent ad valorem. Effective January 1, 2004, the rate of duty will be 7.3 percent ad valorem.

The applicable subheading for style 2324L, will be 6204.69.6040, 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 other textile materials: other: trousers, breeches and shorts: other: trousers and breeches. The rate of duty will be 7.1 percent ad valorem. Effective January 1, 2004, the rate of duty remains unchanged.

Style 2323 falls within textile category designation 840 and style 2324L falls within textile category designation 847. Based upon international textile trade agreements products of China are currently not 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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