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NY J89954





October 20, 2003

CLA-2-61:RR:NC:TA:359 J89954

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.33.2000; 6104.53.2010; 6104.43.2010

Mr. Danny Chin
LF Brands, Inc.
1412 Broadway
New York, NY 10018

RE: The tariff classification of women’s knit garments from Romania

Dear Mr. Chin:

In your letter dated September 26, 2003 you requested a tariff classification ruling.

You submitted five women’s two-piece knit samples. The samples consist of five suit-type jackets, four skirts and one dress. The fabric of the garments consists of a knitted construction with a weft insertion using a boucle’ yarn. The suit-type jackets are tailored and consist of three or more panels, two of which are in the front, sewn together lengthwise. The skirts all feature elastic waistbands, back vents, and hemmed bottoms. All of the suit-type jackets have decorative edging but their skirts and the dress do not.

Style number 141264M is a 2-piece outfit comprised of a suit-type jacket and a skirt that are constructed from 81% acrylic, 19% cotton, knit fabric. The suit-type jacket features a round neckline, shoulder pads, long sleeves, a full front opening with five button closures, and imitation pockets in the waist area. The neckline, sleeves, placket, imitation pockets and the bottom are finished with decorative trimming.

Style number 141429M is a two-piece outfit comprised of a 90% acrylic, 10% polyamide suit-type jacket and sleeveless dress. The suit-type jacket features a round neckline, shoulder pads, long sleeves, a full front opening with five button closures, and imitation pockets in the waist area. The neckline, sleeves, placket, imitation pockets, and the bottom are finished with decorative trimming. The dress extends from the shoulder to below the knee and features a round neckline and a hemmed bottom.

Style number 141263M is a two-piece outfit comprised of a 60% acrylic, 40% cotton suit-type jacket and skirt. The suit-type jacket features shoulder pads, a shawl collar, long sleeves, and a full front opening with five button closures. The collar, sleeves, and the bottom are finished with decorative trimming.

Style number 141258M is a two-piece outfit comprised of a 48% acrylic, 38% viscose, 13% cotton, 5% polyamide suit-type jacket and skirt. The suit-type jacket features a round neckline, shoulder pads, long sleeves, a full front opening with five button closures, and two non-functional chest pockets with one button. The neckline, sleeves, non-functional pockets and the bottom are finished with decorative trimming.

Style number 141257M is a two-piece outfit comprised of a 100% acrylic suit-type jacket and skirt. The suit-type jacket features a round neckline, shoulder pads, long sleeves, a full front opening with five button closures, and imitation pockets in the waist area. The neckline, sleeves, placket, imitation pockets, and the bottom are finished with decorative fringe.

The applicable subheading for each of the suit-type jackets will be 6104.33.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s suit-type jackets, knitted: of synthetic fibers: other. The rate of duty will be 28.4% ad valorem.

The applicable subheading for the dress will be 6104.43.2010, which provides for women’s dresses, knitted: of synthetic fibers: other: women’s. The duty rate will be 16.1% ad valorem.

The applicable subheading for each of the skirts will be 6104.53.2010, which provides for women’s skirts, knitted: of synthetic fibers: other: women’s. The duty rate will be 16.1% ad valorem.

Each suit-type jacket falls within textile category designation 635. The dress falls in category 636. Each skirt falls in category 642. Based upon international textile trade agreements products of Romania are not subject to quota but do require 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.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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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