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NY I82035

June 3, 2002

CLA-2-62:RR:NC:N3:360 I82035


TARIFF NO.: 6204.32.2030, 6204.62.4010

Steve Allan
Import Specialist
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave. – Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Allan:

This letter replaces the ruling letter we sent to you under file number I81216. The purpose of this replacement letter is to correct a typographical error in the classification of style CL#50308. A corrected letter follows.

In your letter dated April 19, 2002, you requested a classification ruling. The samples submitted with your request have been returned to you under separate cover.

Style CL50308 is a women’s woven blazer made from 62% cotton, 37% polyester and 1% elastane denim fabric. It features a notched lapel, long sleeves without cuffs, a full front opening secured by two self-fabric buttons, and pockets at the waist. There is a self-fabric belt on the back of the garment, attached only at the side seams.

Style CL50310 is a pair of women’s woven trousers made in identical fabric as the blazer. The garment features long hemmed legs, a zippered fly front and a waistband with a double hook-and-eye and button closure.

Although you have described the fabric used in making these garments as “flocked denim” and asserted classification under heading 6210, HTS, we disagree. Garments classified under heading 6210, HTS, must be made up of fabrics classifiable under particular headings, in this case heading 5907. Note 5 to Chapter 59, provides the following exclusion:

Heading 5907 does not apply to:

(c) Fabrics partially covered with flock, dust, powdered cork or the like and bearing designs resulting from these treatments;

The fabric in this case contains a floral design which would exclude it from classification under heading 5907, HTS, and by extension heading 6210, HTS.

The applicable subheading for style CL50308 will be 6204.32.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suit-type jackets and blazers: of cotton: other: other women’s. The duty rate will be 9.5 percent ad valorem.

The applicable subheading for style CL50310 will be 6204.62.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers: of cotton: other: other, blue denim. The duty rate will be 16.8 percent ad valorem.

Style CL50308 falls within textile category designation 335 and style 50310 falls within textile category designation 348. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

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 646-733-3051.


Robert B. Swierupski

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