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NY L86392




August 5, 2005

CLA-2-62:RR:NC:N3:360 L86392

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010

Ms. Jean Gong
McNaughton Apparel Group Inc.
498 Seventh Avenue
9th FL
New York, NY 10018

RE: The tariff classification of a woman’s jacket and scarf from China

Dear Ms. Gong:

In your letter dated July 20, 2005, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style DR2P2X is a woman’s jacket constructed from 63 percent polyester, 33 percent rayon and 4 percent spandex woven fabric. The jacket is composed of more than four panels and features long sleeves with vents, a notched collar, a lining, shoulder pads and a full front opening secured by four buttons. The scarf is composed of 100 percent polyester netted fabric which is embellished with sequins. The jacket and scarf are considered to be a set with the jacket imparting the essential character to the set.

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 jacket falls within textile category designation 635 and the scarf falls within textile category designation 659. 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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