The tariff classification of women’s garments from China

N018553 October 22, 2007 CLA-2-62:OT:RR:NC:TA:360 CATEGORY: Classification TARIFF NO.: 6211.49.9090 Mr. Stephen M. Zelman Stephen M. Zelman & Associates Attorneys At Law 888 Seventh Avenue Suite 4500 New York, NY 10106 RE: The tariff classification of women’s garments from China Dear Mr. Zelman: In your letter dated October 3, 2007, you requested a classification ruling on behalf of Fownes Brothers & Co. Your samples will be returned as requested. Submitted sample, style #4021, is a woman’s garment constructed from 100% linen woven fabric. The garment extends from the shoulders to approximately the mid-thigh. The pullover garment features a deep v-neckline with lapels, ¾ length sleeves with partially elasticized cuffs, a kangaroo pocket in the front and a partially elasticized hemmed bottom. Submitted sample, style #4022, is a woman’s garment constructed from 100% linen woven fabric. The garment extends from the shoulders to approximately the mid-thigh. The pullover garment is sleeveless and features a deep v-neckline, 9 inch side slits extending upwards from the hem and a hemmed bottom. In your letter you referred to these garments as beach cover-ups. Based on the styling, length and coverage, these garments provide insufficient coverage. They will be classified as an other garment which is more specifically provided for under heading 6211, HTS. The applicable subheading for the styles 4021 and 4022 will be 6211.49.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of other textile materials: other: other. The duty rate will be 7.3 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. Both styles fall within textile category 859. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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 Brenda Wade at 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division