CLA-2-62:S:N:N:3-I:360 861383
Mr. Michael Caldera
H.Z. Bernstein Co. Inc.
One World Trade Center
Suite 1973
New York, NY 10048
RE: The tariff classification of women's garments from Hong
Kong.
Dear Mr. Caldera:
In your letter dated March 14, 1991, on behalf of your
client, Eleanor P. Brenner, Ltd., you requested a classification
ruling.
Style number 5929 is a pair of women's trousers,
manufactured from woven fabric composed of 97% rayon and 3% lycra
spandex. The garment is supported on the body by permanently
attached, adjustable straps, each of which is made up in two
parts. When joined together, the two parts resemble a belt with a
metal buckle. The straps are continuous extensions of the front
and rear panels, respectively, being formed by their (the
panels') upward taper. The trousers have a deep, U-shaped top
edge, in front and back. The lowest point of the front rise
coincides with the bottommost point of the "U" and is situated
only 2 1/2" above the natural waistline. The trousers also have
an opening on the back, which is secured by a zipper and a hook-
and-eye fastener; deep, well-defined armholes; foot stirrups; and
permanent leg creases, formed by pin tucks.
Style number 5342 is an ankle-length, pleated, divided
skirt, manufactured from woven fabric composed of 100% polyester.
At the back of the waistband, there is a zipper closure and a
hook-and-eye fastener. The leg separation on the garment is not
apparent.
Style number 58112 is a woman's sweater-like cardigan,
manufactured from a rib-knit fabric composed of 50% rayon and 50%
acrylic. The fabric is constructed with more than 9 stitches per
2 centimeters measured in the horizontal direction. The garment
features a round neck, full frontal opening with 5 fabric-covered
button closures, long sleeves with rib-knit cuffs, and a rib-knit
capped bottom. The garment is constructed with less than 10
stitches per linear centimeter in each direction. Consequently,
it is precluded from from classification as a blouse under
heading 6106 by virtue of Chapter 61, Note 4.
The samples are being returned under separate cover.
The applicable subheading for the trousers will be
6204.69.2510, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's trousers and breeches of
artificial fibers. The rate of duty will be 30.4 percent ad
valorem.
The applicable subheading for the divided skirt will be
6204.53.3010, HTS, which provides for women's skirts and divided
skirts of synthetic fibers. The rate of duty will be 17 percent
ad valorem.
The applicable subheading for the sweater-like cardigan will
be 6110.30.3055, HTS, which provides for women's or girls'
sweaters, ... and similar articles, knitted or crocheted: of man-
made fibers. The rate of duty will be 34.2 percent ad valorem.
The trousers fall within textile category designation 648;
the divided skirt falls within textile category 642; and the
sweater-like cardigan falls within textile category designation
639. Based upon international textile trade agreements, products
of Hong Kong are subject to visa requirements.
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. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport