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September 13, 1999

CLA-2-62:RR:NC:360 E85658


TARIFF NO.: 6204.33.5010; 6211.43.0078

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of women’s jackets from Hong Kong

Dear Mr. Kelly:

In your letter dated August 11, 1999, you requested a classification ruling on behalf of Jones Apparel Group USA, Inc. The samples submitted with your request will be returned to you under separate cover.

Two styles of women’s jackets or blazers, P4794981J and P5594981J, were submitted with your request. Both of the lined garments are tailored and are made from 100% polyester woven fabric. The jackets are identical in styling and differ only in length. You state that the garments are designed to be worn with pants.

The garments feature notched lapels, long sleeves without cuffs, a full front opening secured by four buttons, flapped pockets and a simulated watch pocket on the right panel. Included in your request are the specification sheets for both jackets. Style P4794981J, which will be imported in the petite size range, extends from the shoulders to approximately the mid- thigh. Style P5594981J, which will be imported misses size range, extends from the shoulders to below the mid-thigh.

The Explanatory Notes for heading 6204 which encompasses women’s woven suit-type jackets and blazers state in part that the heading does not include garments that extend below the mid-thigh area. Accordingly, style P4794981J will be classifiable under heading 6204 while style P5594981J will be excluded from classification under heading 6204.

The applicable subheading for style P4794981J will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for suit-type jackets and blazers: of synthetic fibers: other, women’s. The duty rate will be 28.2 percent ad valorem.

The applicable subheading for style P5594981J will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16.5 percent ad valorem.

Both jackets fall within textile category designation 635. 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.


Robert B. Swierupski

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