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July 30, 1999

CLA-2-62:RR:NC:360 E84515

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060; 6204.63.3510

Mr. John Maser
Total Port Clearance Inc.
10 Fifth Street
Valley Stream, NY 11581

RE: The tariff classification of a woman’s blouse and trousers from Hong Kong

Dear Mr. Maser:

In your letter dated July 2, 1999, you requested a classification ruling on behalf of Rousso Apparel Group.

The submitted sample, style 16CP238R, consists of a blouse and pants. Both components are cut and sewn from identical woven fabric composed of 100 percent polyester.

The blouse features long sleeves with button cuffs, a collar, shoulder pads, two chest pockets with buttoned flaps, two pockets below the waist with button closures, side vents and a full front opening secured by four buttons. The blouse has contrasting colored embroidery around the full front opening, pockets, cuffs and bottom. The pants are fully lined and feature an elasticized drawstring waist, side seam pockets and long hemmed legs. There is no decorative embellishment on the pants

Although you have stated that the garments qualify for classification as an ensemble, they do not. Note 3(b) to Chapter 62 defines the requirements for garments considered classifiable as ensembles. In part, the note requires that the garments must be made up in identical fabric and must be of the same fabric construction, style, color and composition. Because the blouse features contrasting colored embroidery, which is not repeated on the trousers, the garments are not considered to qualify under the ensemble subheading.

The applicable subheading for the blouse will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, of man-made fibers. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for the trousers will be 6204.63.3510, Harmonized tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, of synthetic fibers. The duty rate will be 29.5 percent ad valorem.

The blouse falls within textile category designation 641 and the trousers fall within textile category designation 648. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints and a visa requirement.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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