CLA-2-62:S:N:N5:357 806401
Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman
707 Wilshire Boulevard
Los Angeles, California 90017
Suite 5555
RE: The tariff classification of a woman's jacket and pair of
trousers from China or Hong Kong
Dear Mr. Powell:
In your letter dated January 27, 1995, on behalf of your
client, Cheerful International Corp., you requested a
classification ruling.
The sample submitted, style number L115367CA, consists of a
woman's jacket and a pair of trousers. The jacket is constructed
of a woven 100% silk fabric and a knit 65% polyester/35% cotton
fleece fabric. The silk fabric portion of the jacket consists of
the body shell, the inner collar, the cuffs and the waistband.
The jacket's sleeves, outer collar and flaps on the garment's
front pockets are composed of the polyester/cotton knit fleece
fabric. The jacket is lined on the body with a 65% polyester/35%
cotton jersey fabric. The trousers are constructed of a knit 65%
polyester/35% cotton fleece fabric.
The jacket has a pointed collar and a full front opening
secured by a zipper closure. The sleeve cuffs and waistband are
elasticized. Two double entry front pockets are located at the
waist.
Classification of this jacket is based on which portion
provides the essential character. In this case it is the woven
silk fabric.
The trousers have an elasticized waistband. There are two
side seam pockets below the waist. The ankle cuffs are composed
of a ribbed-knit fabric.
The sample is being returned to you as you have requested.
The applicable subheading for the jacket will be
6202.99.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for other women's anoraks, windbreakers and
similar articles, of other textile materials, Other: Of silk:
Containing 70 percent or more by weight of silk or silk waist.
The duty rate will be 2.7 percent ad valorem.
The applicable subheading for the trousers will be
6104.63.2010, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's or girls' trousers, bib and
brace overalls, breeches and shorts: of synthetic fibers: other
trousers and breeches: women's. The duty rate will be 29.8
percent ad valorem.
The jacket falls within textile category designation 735.
The trousers fall within textile category designation 648. Based
upon international textile trade agreements products of China are
presently subject to quota restraints and the requirement of a
visa. Products of Hong Kong are not presently subject to quota
restraints but a visa is required for the trousers.
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. 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 Section
177 of the Customs Regulations (19 C.F.R. 177).
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,
Jean F. Maguire
Area Director
New York Seaport