The tariff classification of women's woven wearing apparel from China

NY J85886 July 25, 2003 CLA-2-62:RR:NC:N3:360 J85886 CATEGORY: Classification TARIFF NO.: 6211.49.9050; 6204.69.6040; 6204.59.4060 Ms. Sharon R. Tintner L.F. Textiles 21 West 39th Street 2A New York, NY 10018 RE: The tariff classification of women's woven wearing apparel from China Dear Ms. Tintner: In your letter dated June 27, 2003, you requested a ruling on tariff classification. The submitted samples are women’s wearing apparel constructed from 51 percent linen and 49 percent rayon woven fabric. Please note that garments claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment. Style 21-413 is a woman’s blouse. The blouse features long hemmed sleeves, a collar, two pockets below the waist and a full front opening secured by four buttons. Style 21-6033 is a pair of women’s pants. The pants feature a partially elasticized drawstring waist, a front button and zipper closure, side front pockets and long hemmed legs. Style 21-5103 is a woman’s skirt. The skirt features a front zipper and button closure, six belt loops and two side front pockets. The applicable subheading for style 21-413 will be 6211.49.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of other textile materials: other: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 7.4 percent ad valorem. The applicable subheading for style 21-6033 will be 6204.69.6040, 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 and shorts: of other textile materials: other: other: trousers and breeches. The rate of duty will be 7.1 percent ad valorem. The applicable subheading for style 21-5103 will be 6204.59.4060, 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): skirts and divided skirts: of other textile materials: other: other: other. The rate of duty will be 6.7 percent ad valorem. The blouse falls within textile category designation 840; the pants fall within textile category designation 847 and the skirt falls within textile category designation 842. Based upon international textile trade agreements products of China are not currently subject to quota restraints or 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 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