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NY L83963




April 26, 2005

CLA-2-62:RR:NC:N3:360 L83963

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.13.2010; 6110.20.2075

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s suit and knit pullover from Indonesia

Dear Ms. Fox:

In your letter dated April 7, 2005, you requested a tariff classification ruling on behalf of Halmode Apparel. The submitted sample will be returned to you as requested.

Style 65-55455 consists of a woman’s suit and a knit pullover. The suit is constructed from 88 percent polyester, 9 percent rayon and 3 percent spandex woven fabric. The jacket features long vented sleeves, a collar, shoulder pads, a lining, two leather adjustable side tabs and an unsecured full front opening. The pants feature a waistband, a front zipper closure, a lining and long hemmed legs. The pullover is constructed from 100 percent cotton knit fabric. The pullover features a mock neck, short sleeves and a hemmed bottom. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction.

The applicable subheading for the suit will be 6204.13.2010, 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): suits: of synthetic fibers: other: women’s. The duty rate will be 35.3 cents/kg + 25.9 percent ad valorem.

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: women’s or girls’. The duty rate will be 16.5 percent ad valorem.

The suit falls within textile category designation 644 and the pullover falls within textile category designation 339. 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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