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NY L85180




June 9, 2005

CLA-2-62:RR:NC:N3:360 L85180

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6204.63.3510

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

RE: The tariff classification of a woman’s jacket and pants from Hong Kong

Dear Ms. Fox:

In your letter dated May 23, 2005, you requested a tariff classification ruling on behalf of Halmode Apparel. The submitted sample will be returned to you as requested.

Style 71-55261 consists of a woman’s jacket and pants constructed from identical100 percent polyester woven fabric. The jacket features long sleeves with slits, a stand up collar and lapels, shoulder pads, a full front opening secured by three button and loop closures. The jacket also features contrasting colored organza fabric that is sewn on the interior of the garment along the sides and around the neck. The organza fabric is also attached at the sleeve cuffs. This fabric gives the appearance of a jacket with a faux blouse. The pants feature a side zipper closure, two front welt pockets, a lining and long hemmed legs. Although the pants are of the same fabric construction, color and composition, they do not contain any of the contrasting colored organza fabric found on the jacket.

The applicable subheading for the jacket will be 6204.33.5010, 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 synthetic fibers: other: women’s. The duty rate will be 27.3 percent ad valorem.

The applicable subheading for the pants will be 6204.63.3510, 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, breeches and shorts: of synthetic fibers: other: other: other: trousers and breeches: women’s. The duty rate will be 28.6 percent ad valorem.

The jacket falls within textile category designation 635 and the pants fall within textile category designation 648. 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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