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NY I86292

October 17, 2002

CLA-2-62:RR:NC:N3: 360 I86292


TARIFF NO.: 6204.43.4030, 6211.43.0078

Mr. Tony Ruan
Silvermark Corporation
1359 Broadway
Suite 702/704
New York, NY 10018

RE: The tariff classification of dress and jacket-like garment from China

Dear Mr. Ruan:

In your letter dated September 19, 2002, you requested a ruling on tariff classification.

The submitted sample, style 8549, consists of a jacket and dress constructed from identical 100 percent polyester woven fabric. The knee length dress is sleeveless and features a scooped neckline, a full lining and a back zipper closure. The front neckline is trimmed with satin. The jacket extends from the shoulders to the knees and features long hemmed sleeves, shoulder pads, a partial lining and an unsecured full front opening trimmed with satin.

The applicable subheading for the dress will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ sits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses: of synthetic fibers: other: other: other: women’s. The rate of duty will be 16.2 percent ad valorem.

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 rate of duty will be 16.2 percent ad valorem.

The dress falls within textile category designation 636 and the jacket falls within textile category designation 635. Based upon international textile trade agreements products of China are currently subject to quota restraints 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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