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NY L81302




December 17, 2004

CLA-2-62:RR:NC:N3:360 L81302

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.6040; 6211.43.0091; 6211.43.0091

Ms. Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of women's woven wearing apparel from China and Indonesia. Correction to Customs Ruling Number NY L80939

Dear Ms. Fox:

This ruling is being issued to correct Customs Ruling Number NY L80939, dated December 6, 2004. The ruling letter NY L80939 contained a clerical error in the fiber content for style 20-45621. A complete corrected ruling follows.

In your letter dated November 17, 2004, you requested a tariff classification ruling on behalf of Halmode Apparel.

Style 20-53020 consists of a woman’s blouse and pants constructed from 55 percent linen and 45 percent rayon woven fabric. The blouse features a square neckline, a lining, a full back opening secured by five buttons. The blouse measures two inches at the shoulder seam. The blouse also has a centered appliqué. The pants feature a partially elasticized waist and long hemmed leg with vents.

Style 20-53019 consists of a woman’s blouse and pants constructed from 55 percent linen and 45 percent rayon woven fabric. The blouse is sleeveless and features a square neckline, side vents, a lining and a full back opening secured by five buttons. The blouse has an embroidered design on the bodice. The blouse measures two inches at the shoulder seam. The pants are identical in styling to the above.

Style 20-45621 is a woman’s upper body garment constructed from 100 percent polyester woven fabric. The garment features long sleeves with turn back cuffs, a collar, side vents and an unsecured full front opening. The front opening and cuffs are capped with velvet.

The applicable subheading for the blouses of styles 20-53020 and 20-53019 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 or girls’: 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 7.3 percent ad valorem.

The applicable subheading for the pants of styles 20-53020 and 20-53019 will be 6204.69.9044, 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 and breeches: of other textile materials: other: other: trousers and breeches. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for style 20-45621 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of other man-made fibers: other. The rate of duty will be 16 percent ad valorem.

The blouses fall within textile category designation 840, the pants fall within textile category designation 847 and style 20-45621 falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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