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NY 801547





September 01, 1994

CLA-2-62:S:N:N5:357 801547

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.0041; 6204.69.3040

Mr. Leo Bertrand
First American Airservices, Inc.
147-48 182nd Street
Jamaica, New York 11413

RE: The tariff classification of two woman's jackets and trousers from China

Dear Mr. Bertrand:

In your letter dated June 20, 1994, on behalf of Swell Fashions, Inc., you requested a classification ruling.

Two samples were submitted for our examination, style numbers 3602 and 3616. Each style consists of a woman's jacket and pair of trousers constructed of an outershell composed of a woven 100% silk fabric with a woven 100% nylon fabric lining.

The jacket of style number 3602 is thigh-length and is composed of a solid color fabric. The garment has a full front opening with a zipper closure. An overlapping flap secured by three snaps covers the zipper area. The garment has an elasticized waist with a drawcord tightening, a zip-off hood, two zippered front pockets located below the waist and a snap closure on the sleeve cuffs. The fabric of the zip-off hood and the V-shaped fabric design on the upper portion on the front of the jacket features diamond shaped quilting to a non-woven batting.

The trousers of style number 3602 are composed of a solid-color fabric. The trousers have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets below the waist. The trousers do not have any tightening elements at the ankles.

The jacket of style number 3616 is hip-length and is composed of a paisley print and solid contrasting color fabric inserts. The garment has a full front opening with a zipper closure, two front pockets secured by a flap with a "VELCRO"-type fastener and elasticized sleeve cuffs and waistband.

The trousers of style number 3616 are composed of a solid color fabric. The waistband on the garment is elasticized and has an inner drawcord tightening. There are two side seam pockets below the waist. The bottom of each trouser leg has an elasticized ankle cuff and a zipper opening.

The samples are being returned to you.

The applicable subheading for each jacket will be 6202.99.0041, Harmonized Tariff Schedule of the United States (HTS), which provides for other woman's anoraks, windbreakers and similar articles: Of other textile materials, other: of silk: Containing 70 percent or more by weight of silk or silk waste. The duty rate will be 3 percent ad valorem.

The applicable subheading for each pair of trousers will be 6204.69.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for woman's trousers, breeches and shorts: Of other textile materials: of silk or silk waste, other: Containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.5 percent ad valorem.

The jackets fall within textile category designation 735. The trousers fall within textile category designation 748. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which 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.

Sincerely,

Jean F. Maguire
Area Director

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