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NY B84939

May 15, 1997

CLA-2-62:CO:CH:DGD IO5 B84939


TARIFF NO.: 6202.99.1000, 6202.69.4010

Mr. George A. Menendez
Sack & Menendez, Inc.
1604 East Fourth Avenue
Tampa, FL 33605

RE: The tariff classification of a women's silk jacket and pants from China

Dear Mr. Menendez:

In your letter dated April 28, 1997 you requested a tariff classification ruling on behalf of your client, Athco, Inc. of Sarasota, Florida. Your sample is being returned as you requested.

The submitted sample, style NBR 10091, which you refer to as a "warm-up suit" consists of a printed jacket and a solid colored pair of pants. The garments are constructed for women with a 100% silk woven shell and a 100% woven nylon lining. Garments of silk are not considered to be a tracksuit. The jacket has a full zipper front closure, a fold down collar, removable shoulder pads, long sleeves with elasticized cuff, two front slash pockets, and an elasticized bottom. The trousers have an elasticized waistband with a drawstring, two front pockets, and a hemmed bottom.

The applicable subheading for the jacket portion of Style NBR 10091 will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' anoraks, windbreakers and similar articles: of other textile materials: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 2.1%.

The applicable subheading for the trouser portion of Style NBR 10091 will be 6204.69.4010, Harmonized Tariff Schedule of the United States(HTS), which provides for women's or girls' trousers, breeches and shorts: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 5.6%.

The jacket and trousers of Style NBR 10091 falls within textile category designation 735 and 748 respectively. Based upon international textile trade agreements, products of China are subject to quota 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.


Kevin Weeks
Port Director

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