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NY K87925




August 10, 2004
CLA-2-61:RR:NC:TA:359 K87925

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.33.2000; 6104.63.2006

Ms. Maria E. Julia
Spiegel Catalog
C/O Newport News Holdings Corporation
711 Third Avenue, 4th Floor
New York, NY 10017

RE: The tariff classification of a woman’s suit-type jacket and trousers from China

Dear Ms. Julia:

In your letter dated July 16, 2004, you requested a tariff classification ruling.

The submitted sample, style number 26-8100K, is a woman’s two-piece garment that is comprised of an upper garment (suit-type jacket) and a lower garment (trousers). The garments are constructed from 70% polyester, 25% rayon, 5% spandex, knit fabric. The suit-type jacket is tailored and has three or more panels, three of which are in the front, sewn together lengthwise. The suit-type jacket features a round neckline, long hemmed sleeves, a full front opening with a three-button double placket, princess seams, a textile fabric tie belt at the waist, four slitted loops for the belt, and a hemmed bottom. The trousers feature a flat waistband, a front zipper with a hook and eye closure that fastens right over left, and long hemmed leg openings.

The suit-type jacket and the textile belt are considered as a composite good. The essential character is given by the suit-type jacket. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI) Rule 3, noted.

Your samples are being returned as requested.

The applicable subheading for style 26-8100K, the suit-type jacket, will be 6104.33.2000, (HTS), which provides for women’s suit-type jackets, knitted: of synthetic fibers: other. The rate of duty will be 28.2% ad valorem.

The applicable HTS subheading for style 26-8100K, the trousers, will be 6104.63.2006, which provides for women’s trousers: knitted: of synthetic fibers: other, other: women’s: containing 5% or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.2% ad valorem.

The suit-type jacket falls within textile category designation 635. The trousers fall in category 648. Based upon international textile trade agreements products of China 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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