CLA-2-62:S:N:N5:360 893487
Ms. Nic Adams
Fingerhut Corporation
4400 Baker Road
Minnetonka, MN 55343
RE: The tariff classification of a woman's jacket and skirt and a suit from Hong Kong
Dear Ms. Adams:
In your letter dated December 14, 1993, you requested a tariff classification ruling.
The submitted samples, designated as style 7966 (Fingerhut A2052) and style KL94-15 (Fingerhut A2077) each consist of two pieces of women's apparel that will be imported together in a poly bag. Your samples will be returned to you under separate cover. You question whether the components of the two styles may be classified as a suit.
Style 7966 consists of a tailored jacket and skirt. The front and rear panels of the jacket are constructed from 55 percent ramie and 45 percent cotton woven fabric while the sleeves and the lapels are made from a man-made fiber georgette fabric. The skirt is constructed from a 55 percent ramie and 45 percent cotton woven fabric. Both garments are unlined. The tailored jacket has four panels sewn together lengthwise and features short sleeves, a full front opening secured by one button, shoulder pads and a hemmed bottom. The lapels and the sleeves are contain embroidered flowers and beads. The skirt features a partially elasticized rear waistband, a rear zipper closure secured by a metal button and a rear vent located at the bottom. The waistband of the skirt features the embroidered motif and beads found on the jacket.
Style KL94-15 consists of a tailored jacket and pants constructed from 55 percent ramie and 45 percent cotton woven fabric. Both garments are unlined and feature decorative gold embellishments in the form of rectangular patches with clear beads and barrel shaped cylinders. The jacket has four panels sewn together lengthwise and features long sleeves, a full front opening secured by one button, shoulder pads and a hemmed bottom. The pants feature a partially elasticized rear waistband, a rear zipper closure, side pockets and front pleats.
Chapter 62, Note 3 sets forth the requirements which qualify garments as suits. In particular, Note 3(a) specifies that all of the components of a suit must be of the same fabric construction, style, color and composition. The jacket of style 7966 is made of ramie and cotton fabric on the body of the garment while the sleeves and lapels are made of a man-made fiber fabric; the skirt is constructed of the ramie and cotton fabric only. The components are not of the same fabric construction and therefore fail to meet the requirements for classification as a suit. The components of style KL94-15 meet the requirements of the note and are therefore classifiable as a suit.
The applicable subheading for the jacket for style 7966 will be 6204.39.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits, ensembles, suit-type jackets, blazers... Of other textile materials: Other: Other: Other: Other. The rate of duty will be 6.7 percent ad valorem.
The applicable subheading for the skirt for style 7966 will be 6204.59.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls'suits, ensembles, suit-type jackets and blazers, dresses, skirts... Of other textile materials: Other: Other: Other. The rate of duty will be 7.2 percent ad valorem.
The applicable subheading for style KL94-15 will be 6204.19.3090,
Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls'suits, Of other textile materials: Other, Other: Other. The rate of duty will be 6.9 percent ad valorem.
The jacket falls within textile category designation 835; the skirt within category 842; and the suit falls within category 844. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement.
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 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