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NY L84465




May 24, 2005

CLA-2-62:RR:NC:N3:360 L84465

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.8060; 6204.49.5060

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 jacket and dress from China

Dear Ms. Fox:

In your letter dated September 14, 2004 and received on April 29, 2005, you requested a tariff classification ruling on behalf of Halmode Apparel. The submitted sample will be returned to you as requested.

Style 02-52329 consists of a woman’s jacket and dress constructed from 55 percent linen and 45 percent rayon woven fabric. The jacket features ¾ length sleeves, a V-neckline, shoulder pads and a full front opening secured by a center hook and eye closure. The neckline, sleeve edges, front opening and bottom have a decorative trim. The pullover dress is sleeveless and features a V-neckline, a lining and decorative trim at the hem.

The applicable subheading for the jacket will be 6204.39.8060, 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): suit-type jackets and blazers: of other textile materials: other: other: other: other. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for the dress will be 6204.49.5060, 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): dresses: of other textile materials: other: other: other. The duty rate will be 6.9 percent ad valorem.

The jacket falls within textile category designation 835 and the dress falls within textile category designation 836. 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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