CLA-2-61:RR:NC:TA:359 F85116
Ms. Elizabeth Hodur
Warnaco
149 Madison Avenue, 5th Floor
New York, NY 10016
RE: The tariff classification of a woman’s ensemble from Indonesia
Dear Ms. Hodur:
In your letter dated March 29, 2000 you requested a tariff classification ruling.
The submitted sample, style PJ2VA9504, is a woman’s two piece ensemble that is constructed from 86% polyester, 14% cotton, knit fabric. The ensemble is made up of identical fabric and put up for retail sale together. It is comprised of an upper garment, a sleeveless pullover; and a lower garment, pants. Both components of the ensemble are of the same color, style, composition, and are of corresponding sizes. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a stand-up collar, and a zippered side slit with an adjustable two button tab on the left side. The pants feature a side seam zipper, and long hemmed leg openings. The waist of the pants may be zipped to the bottom of the pullover.
Your sample is being returned as requested.
The applicable subheading for the pullover will be 6104.23.0036, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ ensembles, knitted: of synthetic fibers: other: blouses, shirts and tops. The duty rate will be 32.9% ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6110.30.3055.
The applicable subheading for the pants will be 6104.23.0032, which provides for women’s or girls’ ensembles, knitted: of synthetic fibers: trousers and breeches. The duty rate will be 28.9% ad valorem. This is the rate that would apply if the garment was entered separately and classified in subheading 6104.63.2011.
The pullover falls within textile category designation 639. The pants fall in category 648. Based upon international textile trade agreements products of Indonesia 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 Mike Crowley at 212-637-7077.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division