CLA-2-62:K:TC:C8:I18 B82572

Mr. Timothy T. Murphy
Fritz Companies Inc.
1000 Port Carteret Drive
Carteret, NJ 07008

RE: The tariff classification of four garments from China.

Dear Mr. Murphy:

In your letter dated February 25,1997, you requested a classification ruling.

The submitted samples, styles 9671 and 9672, are women's garments. Style 9671 consists of a blouse and skirt. They are manufactured from woven yarn dyed fabric consisting of 78% rayon and 22% polyester yarn. The blouse is constructed to simulate a blouse with a vest. The blouse has a full front opening with a deep vee neckline and a three button closure. The long sleeves and the inserted mock collar with front panel are made from solid white fabric consisting of 56% acetate and 44% rayon. The vest portion has two simulated pockets below the waist and a self fabric belt supported by four loops. The pull-on skirt has an elasticized waistband and a hemmed bottom.

Style 9672 consists of a blouse and a pant. They are manufactured from the same woven yarn dyed fabric consisting of 100% polyester yarn. The shirt features a full front opening secured with three buttons and four eye with hook closures. Also featured are a U neckline, long sleeves without cuffs, side vents at the hemmed bottom and spaghetti ties at the waist. The pull-on trouser features an elasticized waistband and hemmed leg openings. The samples will be returned as requested.

If the garments of style 9672 are imported together and put up for sale at retail, the applicable subheading for the blouse will be 6204.23.0050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's or girls' ensembles: of synthetic fibers: other: blouses and shirts: with two or more colors in the warp and/or filing. The duty rate will be 28.1% ad valorem. The applicable subheading for the trousers will be 6204.23.0040, HTSUSA, which provides for women's or girls' ensembles: of synthetic fibers: other: trousers and breeches. The duty rate will be 29.9% ad valorem.

If the garments are imported separately, then the applicable subheading for the blouse will be 6206.40.3010, HTSUSA, which provides for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other: other: with two or more colors in the warp and/or the filling: women's. The duty rate will be 28.1% ad valorem. The applicable subheading for the trousers will be 6204.63.3510, HTSUSA, which provides for trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other . . . other: trousers and breeches : women's. The duty rate will be 29.9% ad valorem.

The applicable subheading for the blouse for style 9671 will be 6206.40.3010, HTSUSA, which provides for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other...other: with two or more colors in the warp and/or the filling: women's. The duty rate will be 28.1% ad valorem. The applicable subheading for the skirt for style 9671 will be 6204.59.3010, HTSUSA, which provides for skirts and divided skirts: of other textile materials: of artificial fibers: other: other: women's. The duty rate will be 16.7% ad valorem.

The blouses fall within textile category designation 641. The skirt falls within textile category designation 642.The trousers fall within textile category designation 648. As products of China, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

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 Part 177 of the Customs Regulations.

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,

John J. Martuge
Area Director
JFK Airport

A.STINGONE/plc 3/12/97
K:TC:C K:TC:C K:TC:C K:TC K
Stingone Brodman Zanetti DeRobertis Martuge