CLA-2-62:RR:NC:TA:360 F83684

John Terc
Director GLC/Customs
May Merchandising Company
May Department Stores International Inc.
615 Olive Street
St. Louis, MO 63101

RE: The tariff classification of women's woven dresses and jackets from Korea

Dear Mr. Terc:

In your letter dated February 24, 2000 you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 3736 consists of a dress and a long jacket. Both garments are made from 50 percent rayon and 50 percent wool woven fabric and both are fully lined. The dress is sleeveless and features a scoop neckline, darts and a rear zipper with a hook and eye closure at the neck. The garment extends from the shoulders to approximately the knees. The jacket also extends from the shoulders to the knees. It features long sleeves, a collar and lapels, shoulder pads, a full frontal opening with no means of closure, two patch below the waist, and a rear, center vent at the hemline.

You have indicated that the fabric is a blend of 50% rayon/ 50% wool. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

In your letter you inquired not only about the classification of the garments but also about the classification of the plastic hanger which will be shipped with the garments. In a telephone conversation on March 10, 2000, this office informed you that the classification issue concerning the hangers would be handled in a separate ruling.

The applicable subheading for the dress will be 6204.44.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's dresses of artificial fibers, containing 36 percent or more by weight of wool or fine animal hair. The duty rate will be 11.9 percent ad valorem.

The applicable subheading for the long jacket will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for women's jackets and jacket-like garments excluded from heading 6202 of man-made fibers. The duty rate will be 16.4 percent ad valorem.

The dress falls within textile category designation 436 and the jacket within textile category designation 635. Based upon international textile trade agreements products of Korea are subject to quota 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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. 177).

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division