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NY L86089





August 5, 2005

CLA-2-62:RR:NC:N3:360 L86089

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6204.63.3510; 6211.43.0060

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s jacket, pants and blouse from Malaysia. Correction to Ruling Number L84215

Dear Mr. Hoffacker:

This replaces Ruling Number NY L84215, dated May 16, 2005, which contained a typographical error. A complete corrected ruling follows.

In your letter dated April 19, 2005, you requested a tariff classification ruling on behalf of Halmode Apparel, Inc. The submitted sample will be returned to you as requested.

Style 22-54602 consists of a woman’s jacket, pants and blouse all constructed from 100 percent polyester woven fabric. The jacket is composed of more than four panels and features short sleeves, a stand up collar, shoulder pads, two pockets below the waist and an unsecured front opening. The jacket has contrasting colored trim around the collar, pockets and front opening. The pants feature a partially elasticized waist, a side zipper closure and long hemmed legs. The blouse features a U-shaped neckline, 1 ¾ inch wide shoulder straps and side vents.

The applicable subheading for 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 applicable subheading for the blouse will be 6211.43.0060, 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 man-made fibers: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The duty rate will be 16 percent ad valorem.

The jacket falls within textile category designation 635, the pants fall within textile category designation 648 and the blouse falls within textile category designation 641. 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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