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NY H80755

June 18, 2001

CLA-2-62:RR:NC:TA:360 H80755


TARIFF NO.: 6204.31.2010

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19163

RE: The tariff classification of a woman's jacket and scarf from Northern Mariana Islands

Dear Mr. Kelly:

In your letter dated May 15, 2001, and received on May 21, 2001, you requested a tariff classification ruling on behalf of Jones Apparel Group USA Inc. The sample submitted with your request will be returned under separate cover.

Your letter indicated that you were submitting two samples, however only one was received. Style 121754286B consists of a woman’s jacket and scarf constructed from identical woven fabric of 55 percent wool and 45 percent rayon fibers. The jacket is constructed of more than four panels sewn together lengthwise and features long hemmed sleeves, a round neckline, shoulder pads, two front pockets and a full front opening secured by four buttons. The scarf has fringes at both ends and measures 51 inches long by 5 inches wide. For retail display and sale, the scarf is inserted into a loop at the inside back of the neck of the jacket.

The Customs Service has determined that scarves of this type imported and sold with a garment are composite goods as that term is defined in the HTS. The classification is based on which portion provides the essential character. In this case it is the garment.

The applicable subheading for style 121754286B will be 6204.31.2010, 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): suit-type jackets and blazers: of wool or fine animal hair: other: women’s. The rate of duty will be 13.9 cents/kg + 18.6 percent ad valorem.

Style 121784286B falls within textile category designation 435. Based upon international textile trade agreements products of Northern Mariana Islands are currently not subject to quota restraints but are subject to 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.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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