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NY L81810

January 19, 2005

CLA-2-62:RR:NC:N3:360 L81810


TARIFF NO.: 6204.32.2010

Ms. Janice Sarmiento
McNaughton Apparel Group Inc.
498 Seventh Avenue - 9th Floor
New York, NY 10018

RE: The tariff classification of a woman's blazer and pin from Korea

Dear Ms. Sarmiento:

In your letter dated December 29, 2004, you requested a tariff classification ruling on behalf of Miss Erika. The submitted sample will be returned to you as requested.

Style P60491 is a woman’s blazer with a color coordinated flower pin. The jacket is constructed from 97 percent cotton and 3 percent spandex woven fabric. The jacket is lined and features long sleeves, a notched lapel, a back vent, shoulder pads, a full front opening secured by one button and a peplum-like bottom with a lace overlay trim. The flower pin is made from a lace fabric and is attached to the lapel.

The blazer and pin constitute a set under the General Rules of Interpretation (GRI) 3(b), HTS, which provides in part that goods put up in sets for retail sale shall be classified as if they consisted of the component which gives them their essential character. As the pin is an accessory to the garment, the garment imparts the essential character of the set.

The applicable subheading for style P60491 will be 6204.32.2010, 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): suit-type jackets and blazers: of cotton: other: other: corduroy: women’s. The rate of duty will be 9.4 percent ad valorem.

Style P60491 falls within textile category designation 335. 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.


Robert B. Swierupski

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