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NY M84158




July 11, 2006

CLA-2-62:RR:NC:TA:N3 356 M84158

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.29.3046; 6203.29.3060; 6203.49.8045; 6205.90.4040.

Mr. Robert Gardenier
M.E. Dey & Co., Inc.
P. O. Box 370080
Milwaukee, WI 53237-0080

RE: The tariff classification of men’s woven ensembles from China.

Dear Mr. Gardenier:

In your letter dated April 13, 2006, which was received by this office on June 12, 2006, you requested a tariff classification ruling on behalf of Brawn LLC dba International Male. As requested, your samples will be returned.

Styles IK45 PC09 and IK54 34 SKY 2 consist of a shirt and a pair of pants that are marketed and sold only as a two-piece ensemble. The shirt and the pants of each style are of the same style and size and are constructed from 100% linen woven fabric that is identical in color and construction.

The shirt of Style IK45 PC09 features a spread collar; a full front opening with seven button closures; long sleeves with double button French cuffs; and a curved, hemmed bottom with side slits. The pants of Style IK45 PC09 feature a pleated front; a flat waistband with seven belt loops; a zippered, fly front opening with a button closure at the waistband; quarter pockets; two rear welt pockets with button-through closures; and unfinished leg openings with overlock stitching.

The shirt of Style IK54 34 SKY 2 features a notched collar with lapels; a full front opening with six button closures; short, hemmed sleeves; a patch pocket on the left chest; and a straight, hemmed bottom with side slits. The pants of Style IK54 34 SKY 2 feature a pleated front; a flat waistband with seven belt loops; a zippered, fly front opening with a button closure at the waistband; quarter pockets; two rear welt pockets with button-through closures; and hemmed leg openings.

The applicable subheading for the shirt of Styles IK45 PC09 and IK54 34 SKY 2 will be 6203.29.3060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’suits, ensembles, suit type-jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): ensembles: of other textile materials: other: shirts: other. The duty rate is 2.8% ad valorem. This is the rate that would apply if the garment were entered separately and classified in subheading 6205.90.4040.

The applicable subheading for the pants of Styles IK45 PC09 and IK54 34 SKY 2 will be 6203.29.3046, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ suits, ensembles, suit type-jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): ensembles: of other textile materials: other: trousers, breeches and shorts: other: trousers and breeches. The duty rate is 2.8% ad valorem. This is the rate that would apply if the garment were entered separately and classified in subheading 6203.49.8045.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The shirt of Styles IK45 PC09 and IK54 34 SKY 2 falls within textile category designation 840. The pants of Styles IK45 PC09 and IK54 34 SKY 2 fall within textile category designation 847.

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division


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