Modification of NYRL 846813: Women's blouse, jacket and skirt

HQ 086140 March 12, 1990 CLA-2 CO:R:C:G 086140 CRS CATEGORY: Classification TARIFF NO.: 6206.40.3030; 6204.39.3010; 6204.53.3010; 6204.59.3010 Mr. William Daly R.H. Macy Corporate Buying Eleven Penn Plaza New York, NY 10001-2006 RE: Modification of NYRL 846813: Women's blouse, jacket and skirt Dear Mr. Daly: This is in response to your letter dated November 13, 1989, in which you provided a revised component fiber breakdown for a women's blouse/skirt combination, style 11525, and a women's jacket/skirt combination, style 11528, which were the subject of New York Ruling Letter (NYRL) 846813 dated November 9, 1989. FACTS: Style 11525 consists of a women's coordinated blouse and skirt. The blouse features a full front opening secured by five metal buttons and hidden snaps, round neckline without collar, short sleeves and fitted waist. The blouse was originally classified in subheading 6206.90.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The skirt extends below the knee, has four slight pleats in front and a partial rear opening secured by a zipper and button. The skirt was originally classified in subheading 6204.59.3010, HTSUSA. Style 11528 consists of a women's coordinated jacket and skirt. The jacket features four rear vertical panels, a full front opening secured by ten metal buttons, long sleeves without cuffs, square neckline and two front pockets below the waist. The jacket was originally classified in subheading 6204.39.4060, HTSUSA. The skirt extends below the knees, is fully pleated and has an elastic waistband. The skirt was originally classified in subheading 6204.59.30100, HTSUSA. NYRL 846813 was issued on the basis of the fiber content for styles 11525 and 11528 contained in your letter of October 31, 1989. However, in your letter of November 13th you stated that the actual component fiber breakdown of the subject merchandise is as follows: Style 11525 Blouse - 80 percent rayon, 20 percent linen Skirt - 80 percent rayon, 20 percent linen Style 11528 Jacket - 80 percent rayon, 20 percent linen Skirt - 100 percent polyester The component fiber breakdown for the skirt of style 11525 remains unchanged from what was originally stated and is therefore not at issue. HOLDING: Based on the corrected component fiber breakdowns, the classification of style 11528 and the blouse component of style 11525 is as follows: 1) The blouse component of style 11525 is classifiable in subheading 6206.40.3030, HTSUSA, under the provision for women's or girls' blouses, of man-made fibers, other, other, with two or more colors in the warp and/or the filling, women's, and is dutiable at 28.6 percent ad valorem. The textile category is 641. 2) The jacket component of style 11528 is classifiable in subheading 6204.39.3010, HTSUSA, under the provision for women's suit-type jackets and blazers, of other textile materials, of artificial fibers, other, and is dutiable at 29 percent ad valorem. The textile category is 635. 3) The skirt component of style 11528 is classifiable in subheading 6204.53.3010, HTSUSA, under the provision for women's or girls' skirts and divided skirts, of synthetic fibers, other, other, women's, and is dutiable at 17 percent ad valorem. The textile category is 642. 4) The skirt component remains classifiable in subheading 6204.59.3010, HTSUSA. The designated textile and apparel category 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. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Pursuant to section 177.9, Customs Regulations (19 CFR 177.9), NYRL 846813 of November 9, 1989, is modified in conformity with the foregoing. Sincerely, John Durant, Director Commercial Rulings Division