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NY L82534





March 18, 2005

CLA-2-61:RR:NC:TA:359 L82534

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.39.1000; 6104.39.2050

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

RE: The tariff classification of three women’s bolero-style jackets from Hong Kong

Dear Ms. Fox:

In your letter dated February 11, 2005, you requested a classification ruling on behalf of Jones Apparel Group. As requested, your samples are being returned to you.

Your first sample, style 71BP218198, is a woman’s bolero-style jacket. Based on the laboratory results you provided, the garment is constructed from 51.5% silk, 43.3% viscose, 3.3% polyester and 1.9% metallic knit fabric. The jacket extends from the shoulders to above the waist. It features ¾-length sleeves, two front panels and a full-front opening without a means of closure.

Your second sample, style 61BLM18848, is a woman’s bolero-style jacket. Based on the laboratory results you provided, the garment is constructed from 51.7% rayon, 27.2% nylon, 13.6% polyester, 7.5% metallic knit fabric. The jacket extends from the shoulders to above the waist. It features ¾-length sleeves, two front panels and a full-front opening with a tie closure.

Your third sample, style 61BLM18418, is a woman’s bolero-style jacket. Based on the laboratory results you provided, the garment is constructed from 51.1% rayon, 27.5% nylon, 13.7% polyester, 7.7% metallic knit fabric. The jacket extends from the shoulders to above the waist. It features ¾-length sleeves, two front panels and a full-front opening with a tie closure.

The applicable subheading for style 71BP218198 will be 6104.39.2050, 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), knitted or crocheted: suit-types jackets and blazers: of other textile materials: other: other: of silk: other. The duty rate will be Free.

The applicable subheading for styles 61BLM18848 and 61BLM18418 will be 6104.39.1000, 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), knitted or crocheted: suit-types jackets and blazers: of other textile materials: of artificial fibers. The duty rate will be 24% ad valorem.

Style 71BP218198 falls within textile category designation 835. Styles 61BLM18848 and 61BLM18418 fall within textile category designation 635. 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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