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NY L84212




May 16, 2005

CLA-2-62:RR:NC:N3:360 L84212

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010; 6204.63.3510

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s jacket and pants from Malaysia

Dear Mr. Hoffacker:

In your letter dated April 19, 2005, you requested a tariff classification ruling on behalf of Halmode Apparel, Inc. The submitted sample will be returned to you as requested.

Style 20-53106 consists of a woman’s jacket and pants constructed from identical 100 percent polyester woven fabric. The jacket is composed of more than four panels and features short sleeves, a notched collar, shoulder pads, two simulated pockets below the waist with coordinating colored bows on the flaps and a full front opening secured by three buttons. The jacket has color coordinating capping around the collar, lapels and the bottom front. The pants feature a partially elasticized waist, a side zipper closure and long hemmed legs.

The applicable subheading for the jacket will be 6204.33.5010, 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 synthetic fibers: other: women’s. The duty rate will be 27.3 percent ad valorem.

The applicable subheading for the pants will be 6204.63.3510, 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 synthetic fibers: other: other: other: women’s. The duty rate will be 28.6 percent ad valorem.

The jacket falls within textile category designation 635 and the pants fall within textile category designation 648. 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. 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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