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September 13, 1999

CLA-2-62:RR:NC:360 E85946


TARIFF NO.: 6204.53.3010; 6211.43.0078

Ms. Gayle E. Williams
Sears Merchandise Group
3333 Beverly Road, BC-173AA
Hoffman Estates, IL 60179

RE: The tariff classification of a woman’s jacket and skirt from China

Dear Ms. Williams:

In your letter dated August 13, 1999, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 79356, consists of a jacket and skirt constructed from 95 percent polyester and 5 percent nylon woven fabric. The jacket is fully lined and features long hemmed sleeves, a collar and lapels, shoulder pads, a back vent, two pockets with flaps below the waist and a full front opening secured by four self covered buttons. The jacket extends from the shoulder to the knee. The skirt is lined and features a partially elasticized waist, a back vent and a back button and zipper closure. These garments will also be imported in women’s sizes under style number 79449.

Although the garments ostensibly meet the requirements for classification as a suit, the jacket is longer than mid-thigh and is excluded from classification under heading 6204. The Explanatory Notes for heading 6204 state in part that the heading does not include garments that extend below the mid-thigh area. Because the jacket is excluded from classification under heading 6204, it cannot be classified as part of a suit and the garments are separately classifiable. The applicable subheading for the jacket 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.

The applicable subheading for the skirt will be 6204.53.3010, 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 (other than swimwear): skirts and divided skirts: of synthetic fibers: other; other: women’s. The duty rate will be 16.5 percent ad valorem.

The jacket falls within textile category designation 635 and the skirt falls within textile category designation 642. Based upon international textile trade agreements products of China 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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