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NY J85833

July 15, 2003

CLA-2-62:RR:NC:N3:360 J85833


TARIFF NO.: 6204.33.5010, 6204.53.3010, 6211.43.0060

Bill Julich
Delmar International
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of women’s jackets, skirts and blouses from Hong Kong

Dear Mr. Julich:

In your letter dated June 20, 2003, you requested a classification ruling on behalf of Jessica Howard Inc. The samples submitted with your request will be returned to you under separate cover.

Style 48911 consists of a women’s jacket, skirt and sleeveless blouse made from 100% polyester woven fabric. The suit type jacket consists of more than four panels sewn together lengthwise and an unsecured full front opening with contrasting colored embroidery on either side of the opening. The garment has long sleeves with slits and contrasting colored cuffs that are designed to be worn folded back. The skirt is ankle length with a rear zipper and a hook and eye closure on the waistband. There is an embroidered design on the waistband and a side vent. The side vent has contrasting colored fabric on the inside that matches the material on the jacket cuffs. The blouse is sleeveless and features a rear zipper closure, a scoop neck and shoulder straps that are approximately 1-½ inches across the shoulder seam.

It is your contention that all three garments are classifiable under subheading 6204.13.2010, HTS. You state that the goods are imported together on hangers and marketed and sold as a suit. Chapter 62, Note 3 (a) provides the definition of a suit as a two piece set consisting of one suit coat or jacket and one garment designed to cover the lower part of the body. The definition allows for an additional garment, a tailored waistcoat, to be included in the suit classification. The additional garment in this case, is a tank-styled blouse, not a waistcoat or vest. As such, this garment is separately classifiable.

Note 3(a) further instructs that all of the components of a suit must be of the same fabric construction, color and composition. Contrasting colored cuffs that are designed to be visible characterize the jacket. The same contrasting colored material is found on the inside of the side slit and is not readily visible. The jacket and skirt therefore are not considered to be a “suit” and are separately classifiable.

The applicable subheading for the jacket will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suit-type jackets of synthetic fibers. The duty rate will be 27.5 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’ skirts of synthetic fibers. The duty rate will be 16.1 percent ad valorem.

The applicable subheading for the blouse will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls, of synthetic fibers, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 16.1 percent ad valorem.

The jacket falls within textile category designation 635; the skirt within textile category designation 642 and the blouse within textile category designation 641. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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