The tariff classification of women's suits from Cambodia and Thailand

NY K89958 November 9, 2004 CLA-2-62:RR:NC:N3:360 K89958 CATEGORY: Classification TARIFF NO.: 6204.13.2010 Ms. Melissa Fox Barthco Trade Consultants 721 Chestnut Street Philadelphia, PA 19106 RE: The tariff classification of women's suits from Cambodia and Thailand Dear Ms. Fox: In your letter dated October 8, 2004, you requested a tariff classification ruling on behalf of Halmode Apparel. The submitted samples will be returned to you as requested. Style 33-41102 is a woman’s suit consisting of a jacket and pants constructed from identical 100 percent polyester woven fabric. The jacket consists of four or more panels sewn together lengthwise and features long sleeves with button trim, a notched collar, two pockets below the waist, shoulder pads, a lining and a full front opening secured by two buttons. The jacket has contrasting colored piping around the collar, front opening and hem. The pants feature a partially elasticized waist, a side zipper and button closure, a lining and long hemmed legs. Style 33-44130 is a woman’s suit consisting of a jacket and skirt constructed from identical 100 percent polyester woven fabric. The jacket consists of four or more panels sewn together lengthwise and features long sleeves with vents, a notched collar, two pockets below the waist with buttoned flaps, shoulder pads, a lining and a full front opening secured by four buttons. The jacket also has a plastic belt. The skirt features a waistband, front pleats, a lining and a back zipper and button closure. The suit and plastic belt fall within the description of "sets" as provided in the Explanatory Notes. The suit and belt consist of at least two different articles which are, prima facie, classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without re-packing. As the belt is an accessory to the suit, the essential character of the set is imparted by the suit. The applicable subheading for both suits will be 6204.13.2010, 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 synthetic fibers: other: women’s. The rate of duty will be 35.3 cents/kg + 25.9 percent ad valorem. Style 33-41102 and style 33-44130 (excluding the plastic belt) fall within textile category designation 644. Based upon international textile trade agreements products of Thailand are currently subject to quota restraints and the requirement of a visa. Products of Cambodia are not currently subject to quota restraints but are subject to a visa requirement. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.). 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 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division