CLA-2-62:RR:NC:N3:360 K82688

Mr. Karl F. Krueger
Danzas AEI Customs Brokerage Services
29200 Northwestern Highway
Southfield, MI 48034

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

Dear Mr. Krueger:

In your letter dated January 26, 2004, you requested a tariff classification ruling on behalf of Orvis Sporting Traditions. The submitted sample will be returned to you as requested.

Style VT 05254-0798 is a woman’s ensemble consisting of a windbreaker and pants constructed from 63 percent rayon, 36 percent polyester and 1 percent spandex woven fabric. The windbreaker features long sleeves with elasticized cuffs, a funnel-like collar, two pockets below the waist and a full front zippered opening. The pants feature an elasticized waist, side seam pockets and long hemmed legs.

The applicable subheading for the windbreaker will be 6204.29.2010, 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): ensembles: of other textile materials: of artificial fibers: garments described in heading 6202; jackets and blazers described in heading 6204. The rate of duty will be 27.7 percent ad valorem.

The applicable subheading for the pants will be 6204.29.2020, 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 other textile materials: of artificial fibers: trousers and breeches. The rate of duty will be 28.6 percent ad valorem.

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