The tariff classification of women's shirts and pants from China

NY J87165 September 3, 2003 CLA-2-62:RR:NC:N3:360 J87165 CATEGORY: Classification TARIFF NO.: 6204.69.9044, 6211.49.9050 Ms. Carolyn B. Malina Lands' End, Inc. 5 Lands' End Lane Dodgeville, WI 53595 RE: The tariff classification of women's shirts and pants from China Dear Ms. Malina: In your letter dated August 11, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover. Style SS70803-1 is a women’s shirt constructed from 100 percent linen woven fabric. The shirt features long hemmed sleeves, a drawstring hood, two pockets below the waist, side vents and a full front zippered opening. The shirt extends from the shoulder to mid thigh. Style SS70803-2 is a pair of women’s pants constructed from 100 percent linen woven fabric. The pants feature an elasticized waistband with a drawstring, a three-button fly front opening, two rear pockets, two side seam pockets and long hemmed legs. The applicable subheading for the pants will be 6204.69.9044, 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, breeches and shorts: of other textile materials: other: other: trousers and breeches. The rate of duty will be 2.8 percent ad valorem. The applicable subheading for the shirt 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 pants fall within textile category designation 847; the shirt falls within textile category designation 840. 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