The tariff classification of a woman's shirt and pants from China

NY K85198 April 26, 2004 CLA-2-62:RR:NC:N3:360 K85198 CATEGORY: Classification TARIFF NO.: 6204.63.3510; 6211.43.0060 Ms. Bernadette Purcell QVC, Inc. Studio Park 1200 Wilson Drive West Chester, PA 19380-4262 RE: The tariff classification of a woman's shirt and pants from China Dear Ms. Purcell: In your letter dated April 16, 2004, you requested a ruling on tariff classification. The submitted sample will be returned to you as requested. Style A01168 is consists of a woman’s shirt and pants constructed from 62 percent polyester, 33 percent rayon and 5 percent spandex woven fabric. The shirt features long sleeves with snapped cuffs, a notched collar, two chest pockets with flaps, two zippered pockets, below the waist, shoulder pads and a full front opening secured by three snap closures. The pants feature a waistband with a front button and zipper closure and long hemmed legs. The applicable subheading for the shirt will be 6211.43.0060, 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 man-made fibers: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 16 percent ad valorem. The applicable subheading for the pants will be 6204.63.3510, 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 synthetic fibers: other: other: other: trousers and breeches: women’s. The rate of duty will be 28.6 percent ad valorem. The shirt falls within textile category designation 641 and the pants fall within textile category designation 648. Based upon international textile trade agreements products of China are currently subject to quota restraints and 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