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NY L87826




October 3, 2005

CLA-2-62:RR:NC:N3:360 L87826

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.6000; 6211.42.0056

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

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

Dear Ms. Fox:

In your letter dated September 23, 2005, you requested a tariff classification ruling on behalf of Jones Apparel Group. The submitted samples will be returned to you as requested.

Style U3418E554J is a woman’s bolero jacket constructed from 100 percent silk woven fabric. The garment is composed of three panels and features short sleeves and an unsecured full front opening. The front panels, front opening and sleeve edges are decorated with beading. The garment does not reach the waist.

Style V25K2546 is a woman’s shirt constructed from 98 percent cotton and 2 percent spandex woven fabric. The shirt features long sleeves with buttoned cuffs, a collar, two chest pockets with buttoned flaps, two pockets at the waist and a full front zippered opening.

The applicable subheading for style U3418E554J will be 6204.39.6000, 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: containing 70 percent or more by weight of silk and silk waste. The duty rate will be 1 percent ad valorem.

The applicable subheading for style V25K2546 will be 6211.42.0056, 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 cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: other. The duty rate will be 8.1 percent ad valorem.

Style U3418E554J falls within textile category designation 735 and style V25K2546 falls within textile category designation 341. 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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