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NY K88189




August 19, 2004

CLA-2-62:RR:NC:N3:360 K88189

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020; 6206.30.3040

Ms. Melissa Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of women's wearing apparel from Malaysia

Dear Ms. Fox:

In your letter dated July 30, 2004, you requested a tariff classification ruling on behalf of Halmode Apparel. The submitted samples will be returned to you as requested.

Style 20-52018 is a woman’s blouse constructed from 97 percent cotton and 3 percent spandex woven fabric. The blouse is tailored and features ¾ length sleeves with vents, a notched collar, shoulder pads and a full front opening secured by four buttons. The collar, bottom and front opening have contrasting colored piping. The sleeves have contrasting colored bows.

Style 20-32019 consists of a blouse and pants constructed from 97 percent cotton and 3 percent spandex woven fabric. The blouse features long sleeves with vented cuffs, a collar, a ribbon trim at the waist, shoulder pads, a full front opening secured by four buttons beneath a placket and a peplum-like bottom. The pants feature an elasticized back waist, a side zipper closure and long hemmed legs.

The applicable subheading for both blouses will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of cotton: other: other: other: women’s. The rate of duty will be 15.4 percent ad valorem.

The applicable subheading for the pants will be 6204.62.4020, 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): trousers, bib and brace overalls, breeches and shorts: of cotton: other: other: trousers and breeches: women’s: other. The rate of duty will be 16.6 percent ad valorem.

The blouses fall within textile category designation 341 and the pants fall within textile category designation 348. Based upon international textile trade agreements products of Malaysia 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 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.).

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.

Sincerely,

Robert B. Swierupski
Director,

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