CLA-2-62:RR:NC:BCH3:353 A 89960
Ms. Sandra L. Haupt
Tower Group International, Inc.
128 Dearborn Street
Buffalo, New York 14207-3198
RE: The tariff classification of a unisex scrub blouse from Mexico and Jamaica
Dear Ms. Haupt:
In your letter dated November 25, 1996 you requested a classification ruling on behalf
of your client Dowling Textile, McDonough, Ga. for a unisex scrub blouse from Mexico and
Jamaica. A sample of the scrub blouse was submitted for examination.
You stated that a previous ruling, DD 848413 of Jan. 12, 1990, considered the
classification of a similar 50/50 poly/cotton blend blouse. That ruling classified the blouse in
HTS 6206.40.3040 as a blouse of man-made fibers. You now assert that a 100% cotton neck
binding has been added to the 50/50 poly/cotton blend blouse and request classification in light
of the added cotton component.
Textile products that are stated to be constructed of a 50/50 blend (by weight) will be
classified on the basis of General Rule of Interpretation 3(c) which states: "When goods cannot
be classified by reference to 3 (a) or 3(b), they shall be classified under the heading which
occurs last in numerical order among those which equally merit consideration." In the case of
a 50% cotton/ 50% polyester blend, the good would be classified as chief weight polyester for
that would be the last in numerical order among those which equally merit consideration.
However, even a slight change in the fiber content may result in a change of classification, as
well as, visa and quota requirements and such goods may be subject to U.S. Customs
laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be
reclassified by Customs at that time.
Your client contends that the addition of the cotton trim to the scrub blouse adds weight to the
overall article, and therefore, the product is no longer considered a 50/50 blend and
should therefore be considered in chief weight of cotton.
The provided sample scrub blouse was submitted to the U.S. Customs Laboratory for
analysis to determine the fabric content by weight which included the added cotton neck
binding. That analysis, recently received, reported that "The sample is a woven scrub shirt
with a 100% cotton trim. The shirt has the following composition by weight: polyester...
56% and cotton.... 44%." The analysis indicates that the scrub blouse is in chief weight of
polyester or man-made fibers.
The applicable subheading for the submitted scrub blouse sample will be 6206.40.3030,
Harmonized Tariff Schedule of the United States (HTS), which provides for "Women's or
girls' blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other.... Other:
Women's" .
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 Martin Weiss at 212-466-5881.
Sincerely,
Paul K. Schwartz
Chief, Textiles & Apparel Branch
National Commodity
Specialist Division