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NY 891522

November 26, 1993

CLA-2-62:S:N:N5:360 891522


TARIFF NO.: 6204.39.8060; 6204.69.9046

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of a ladies' woven jacket and a pair of shorts from Indonesia

Dear Ms. Cumins:

In your letter dated October 21, 1993, on behalf of Casablanca Group, l.p., you requested a tariff classification ruling.

The submitted samples are a jacket and a pair of matching shorts constructed from woven fabric that is 55 percent linen and 45 percent cotton. The jacket, designated as style 0771, has three panels and extends to the hip area. The garment features long sleeves, narrow lapels, a full frontal opening partially secured by a single plastic button at the waistline, two frontal pockets situated below the waist and shoulder pads. You state that the submitted garment is a prototype and that the imported blazer will be fully lined. The shorts, designated as style 0511, are coordinated to the jacket in color, construction, style and composition and reach to the knee. The shorts feature frontal pleats, wide belt loops, vertical frontal pockets, secured pant cuffs, and a frontal fly opening secured at the top by a single plastic button. As requested, your sample will be returned to you.

You describe the importing process as follows: an equal number of blazers and shorts will be shipped together. Each garment will be packaged in its own individual polybag. The polybags, in turn, will be stapled together. You also state that your client intends to import blazers without coordinating shorts. You maintain that when the blazers are packaged with the coordinating shorts, the items will be considered an ensemble. The blazers packaged alone, to be sold individually, will be classifiable under the subheading for suit-type jackets and blazers.

We disagree with your contention that the jacket and shorts qualify as an ensemble. Chapter 62 note 3(b) sets out the requirements for garments to be considered as an ensemble. The pertinent requirement in this case is that the components be put up for retail sale. The fact that the garments have two separate style numbers is indicative of the fact that they will be sold separately. Accordingly, we asked you to find out from the importer how he intends to market and sell the garments. You replied that the importer purchases the styles as separates and does not intend that they will be sold together at retail. Because the garments will not be put up for retail sale, regardless of how they are packaged on importation, they do not qualify under the ensemble subheading.

The applicable subheading for the jacket will be 6204.39.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits, ensembles, suit-type jackets, blazers... Suit-type jackets and blazers: Of other textile materials: Other: Other: Other: Other. The rate of duty will be 6.7 percent ad valorem.

The applicable subheading for the shorts will be 6204.69.9046, 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 ... Of other textile materials: Other: Other: Shorts. The rate of duty will be 3 percent ad valorem.

The jacket falls within textile category designation 835 and the shorts fall within textile category designation 847. Based upon international textile trade agreements, products of Indonesia are subject to quota restraints and a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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