CLA-2-62:S:N:N3-I:360 852242

6204.59.4040; 6202.19.0040

Mr. J.F. Fritz
Norman Krieger, Inc.
P.O. Box 92599
Los Angeles, CA 90009

RE: The tariff classification of women's woven garments from Hong Kong.

Dear Mr. Fritz:

In your letter dated April 25, 1990, received by this office on May 7, 1990, on behalf of your client, Diane Freis, you requested a tariff classification ruling.

Style number G 2724 is a woman's dress which is cut and sewn from printed, woven fabric composed of 100% polyester. The dress features long sleeves with fully elasticized edges; a fully elasticized waistband; a round neckline, into which a stand-up ruffle is inserted; and a partial frontal opening at the neck, which is secured by two, sixteen-inch-long, fabric ties, each of which is decorated at the end with a tassel and two plastic beads. The bottom ("skirt") portion of the dress resembles a yoke skirt and has all-around expandable pleats. The dress is also accompanied by a vinyl-backed self-fabric belt, with a self- fabric-covered metal buckle.

Style number GDFS 2685 is a woman's coat which is cut and sewn from printed, woven fabric composed of 100% polyester. The coat extends approximately one inch below the midthigh, and features long sleeves with fully elasticized edges; a full frontal opening unsecured by any type of closure; shoulder pads; topstitched pleats on the shoulders; and a straight bottom

Style number 5404C consists of a woman's pullover blouse, a pull-on skirt, and a coat, each of which are cut and sewn from 100% silk woven fabric. The blouse features long sleeves with elasticized edges; a partial frontal opening at the neck, which is secured by two snap fasteners; and a stand-up collar. The right side of the collar extends into an integral, seventeen-inch-long section, which joins to another seventeen-inch-long section of identical fabric, sewn into the left shoulder seam, at the base of the collar. The piece of fabric sewn into the left shoulder seam passes through a loop, sewn to the left side of the collar, prior to being tied into a bow with the right-side collar extension. The blouse also has shoulder pads, and a straight, hemmed, bottom edge.

The blouse's front and rear panels, and the sleeves, are constructed from fabric printed with polka dots, while the collar (including the two sections of fabric which form the bow), the loop at the base of the collar, the armhole inserts, and the inserts at the shoulder seams are constructed from fabric printed with a floral pattern. The polka dot pattern found on the blouse has no counterpart on the skirt.

The skirt is constructed, in its entirety, from fabric with the same floral print as that used to construct those areas of the blouse alluded to above. It is accompanied by a vinyl-backed self-fabric-covered belt, with a self-fabric-covered metal buckle, and features a fully elasticized waistband and all-around pleats.

The coat extends approximately one inch below the midthigh, and has long sleeves with fully elasticized edges; a full frontal opening unsecured by any type of closure; shoulder pads; and a straight bottom.

The samples are being returned under separate cover.

The applicable subheading for the dress (style number G 2724), with its accompanying belt, will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's dresses of synthetic fibers. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the coat (style number GDFS 2685) will be 6202.13.4020, HTS, which provides for women's coats of man-made fibers. The rate of duty will be 29.5% ad valorem.

With respect to style number 5404C, the applicable subheading for the blouse will be 6206.10.0040, HTS, which provides for women's or girls' blouses, shirts and shirt-blouses of silk. The rate of duty will be 7.5% ad valorem. The applicable subheading for the skirt, with its accompanying belt, will be 6204.59.4040, HTS, which provides for women's or girls' skirts and divided skirts of silk. The rate of duty will be 7.2% ad valorem. The applicable subheading for the coat will be 6202.19.0040, HTS, which provides for women's or girls' coats of silk. The rate of duty will be 3% ad valorem.

Style G 2724 (the dress, with its accompanying belt) falls within textile category designation 636. Style GDFS 2685 (the coat) falls within textile category designation 635. With respect to style 5404C, neither the blouse, nor the skirt ( with its accompanying belt), nor the coat falls within a textile category designation. Based upon international textile trade agreements, as products of Hong Kong, style numbers G 2724 and GDFS 2685 are presently subject to a visa requirement; style number 5404C is not presently subject to textile restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport