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NY L80718





November 24, 2004

CLA-2-62:RR:NC:N3:360 L80718

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.53.3010, 6211.43.0060, 6211.43.0078

Ms. Kim Whitfield
Assistant Vice President
Barthco International, Inc.
390 Franklin Avenue
Franklin Square, NY 11010

RE: The tariff classification of women’s woven garments from Macau

Dear Ms. Whitfield:

In your letter dated November 22, 2004, you requested a classification ruling on behalf of Kasper Ltd. The samples submitted with your request will be returned as requested.

Style 3D701B085 consists of a long jacket, a sleeveless blouse and a skirt. The three garments are made from identical woven fabric consisting of 100 percent polyester and contain contrasting colored piping. The garments are fully lined and tailored. The jacket is constructed from more than four panels sewn together lengthwise and extends below mid-thigh. The jacket features long hemmed sleeves, pockets below the waist, lapels and a full front unsecured opening. The blouse features a side zipper closure and is approximately 1-¾ inches across the shoulder seams. The knee length skirt features a rear zipper with a hook and eye closure.

It is your contention that the contrasting colored piping, which is inserted into the seams of both the jacket and skirt, does not exclude the garments from classification of a suit as defined in Note 3(a) to Chapter 62, HTS. The Explanatory Notes to heading 6103, HTS, which apply mutatis mutandis to heading 6204, HTS, provide additional information on the application of Chapter Note 3(a), specifically, that a suit jacket does not extend below mid-thigh. Since the jacket of this style extends below mid-thigh, it is not considered a suit jacket and cannot be a suit component. The three pieces are therefore separately classifiable.

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 and divided skirts of synthetic fibers, other, women’s. The duty rate will be 16 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 man-made fibers, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 16 percent ad valorem.

The applicable subheading for the long suit-type jacket will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers, jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 percent ad valorem.

The skirt falls within textile category designation 642, the blouse within textile category designation 641 and the jacket within textile category designation 635. Based upon international textile trade agreements products of Macau 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.

Sincerely,

Robert B. Swierupski
Director,

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