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NY K83303




March 8, 2004

CLA-2-62:RR:NC:N3:360 K83303

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6204.53.3010; 6204.63.3510

Ms. Melissa Weiss-Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of women's woven wearing apparel from Malaysia

Dear Ms. Weiss-Fox:

In your letter dated February 12, 2004, you requested a ruling on behalf of Halmode Apparel. The submitted samples will be returned to you as requested.

Style 20-42503 consists of a woman’s blouse, pants and skirt constructed from 100 percent polyester woven fabric. The blouse features short sleeves, s notched collar, shoulder pads and a full front opening secured by four buttons. The skirt features a partially elasticized waist, a back zipper closure and a back vent. The pants feature a partially elasticized waist, a side zipper closure and long hemmed legs.

Style 20-32877 consists of a blouse and pants constructed from 100 percent polyester woven fabric. The blouse features short sleeves, a notched collar, shoulder pads, front vents, self-fabric tabs and a full front opening secured by four buttons. The pants feature a partially elasticized waist, a back zipper closure and long hemmed legs.

The applicable subheading for the blouses will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The rate of duty will be 26.9 percent ad valorem.

The applicable subheading for the skirt will be 6204.53.3010, 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): skirts and divided skirts: of synthetic fibers: other: other: women’s. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the pants 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, skirts, 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: trousers and breeches: women’s. The rate of duty will be 28.6 percent ad valorem.

The blouses fall within textile category designation 641, the skirt falls within textile category designation 642 and the pants fall within textile category designation 648. Based upon international textile trade agreements products of Malaysia 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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