CLA-2-62:RR:NC:N3:360 J85975

Bill Julich
Delmar International Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of a woman's ensemble from China

Dear Mr. Julich:

In your letter dated July 2, 2003, you requested a tariff classification ruling on behalf of Jessica Howard. The sample submitted with your request will be returned to you under separate cover.

Style I46424 consists of a blouse and skirt constructed from 100 percent polyester woven fabric. The blouse features short sleeves, a round neck, shoulder pads, a lining and a full front opening secured by four hidden buttons and three hook and eye closures. The front opening and front neckline are trimmed with sequins. The skirt features a partially elasticized waist, a back zipper closure, a back vent and a full lining. The front waistband is embellished with sequins.

The applicable subheading for the blouse will be 6204.23.0055, 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): ensembles: of synthetic fibers: other: blouses and shirts: other. The rate of duty will be 27.1 percent ad valorem (6206.40.3030).

The applicable subheading for the skirt will be 6204.23.0010, 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): ensembles: of synthetic fibers: other: skirts and divided skirts. The rate of duty will be 16.1 percent ad valorem (6204.53.3010).

The blouse falls within textile category designation 641 and the skirt falls within textile category designation 642. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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,
National Commodity
Specialist Division