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NY L81301




December 20, 2004

CLA-2-62:RR:NC:N3:360 L81301

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.13.2010; 6204.53.3010; 6211.43.0060; 6211.43.0078

Ms. Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of women's woven wearing apparel from China and Indonesia. Correction to Customs Ruling Number NY L80469

Dear Ms. Fox:

This ruling is being issued to correct Customs Ruling Number NY L80469, dated December 6, 2004. The ruling letter NY L80469 contained a clerical error in the textile category designation for style 31-53201. A complete corrected ruling follows.

In your letter dated November 5, 2004, you requested a tariff classification ruling on behalf of Halmode Apparel.

Style 31-53201 consists of a jacket and skirt constructed from 100 percent polyester woven fabric. The jacket is composed of more than four panels and features long sleeves with vents, a notched collar, one chest pocket, two front patch pockets with buckle trim, shoulder pads, a full lining and a full front opening secured by three buttons. The skirt features a partially elasticized waist, a back button and zipper closure a full lining and a back vent.

Style 31-52401 consists of a jacket, skirt and blouse constructed from 100 percent polyester woven fabric. The jacket is composed of more than four two front pockets with flaps, shoulder pads, a back vent, a full lining and a full front opening secured by three buttons. The jacket also has contrasting colored piping around the neck, front opening and pocket flaps. The jacket extends from the shoulder to the calf. The skirt features a partially elasticized waist, a back button and zipper closure, a back vent and a full lining. The pullover blouse is sleeveless and features a scooped neckline, front vents, a side zipper closure and a full lining. The blouse measures two inches at the shoulder seams.

The applicable subheading for style 31-53201 will be 6204.13.2010, 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): suits: of synthetic fibers: other: women’s. The rate of duty will be 35.3 cents/kg + 25.9 percent ad valorem.

The applicable subheading for the skirt of style 31-52401 will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTS), which provide 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): skirts and divided skirts: of synthetic fibers: other: women’s. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the blouse of style 31-52401 will be 6211.43.0060, 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: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the jacket of style 31-52401 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 percent ad valorem.

Style 31-53201 falls within textile category designation 644; the skirt of style 31-52401 falls within textile category designation 642; the jacket of style 31-52401 falls within textile category designation 635 and the blouse of style 31-52401 falls within textile category designation 641. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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