CLA-2-62:RR:NC:WA 360 A81537

Mr. David Porter S-228
Fingerhut Corporation
4400 Baker Road
Minnetonka, MN 55343

RE: The tariff classification of a woman's suit and pants from China

Dear Mr. Porter:

In your letter dated March 13, 1996, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover. Style KS-6/ML981 consists of a suit-type jacket, a skirt and a pair of pants. All three pieces are constructed from 55 percent linen\45 percent cotton woven fabric. The jacket features short sleeves, a collar, lapels and a double breasted full front opening secured by two self fabric covered buttons. The jacket has two pockets with flaps below the waist. The sleeves, collar, lapels, and pocket flaps are made of sheer man-made fiber georgette fabric and embellished with embroidery and beading. The skirt features an elasticized back waist with a back button and zipper closure. The skirt also has two side pockets, a 10 1/2 inch back vent and the georgette trim on the front waistband. The jacket and skirt are considered to be a suit. The pull-on pants feature an elasticized back waist, two side pockets, long hemmed legs and the georgette trim on the front waistband.

The applicable subheading for the suit (jacket & skirt) will be 6204.19.8090, 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): suits: of other textile materials: other: other. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for the pants will be 6204.69.9044, 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): trousers, bib and brace overalls, breeches and shorts: of other textile materials: other: other: trousers and breeches. The duty rate will be 3 percent ad valorem.

The suit falls within textile category designation 844 and the pants fall within textile category 847. Based upon international textile trade agreements products of China are subject to quota restraints and a visa requirement.

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. 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 (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) 466 - 5866.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division