CLA-2-62:RR:NC:N3:360 I89946

Mr. Eugene Cheng
The Apparel Group Ltd.
5080 Spectrum Drive
Suite 800 East
Addison, TX 75001

RE: The tariff classification of a woman's blouse from Hong Kong.

Dear Mr. Cheng:

In your letter dated January 24, 2003, you requested a ruling on tariff classification.

The submitted sample, style 403171, is a woman’s blouse composed of knit and woven components. The back panel, sleeves and neck trim are constructed from 55 percent ramie and 45 percent cotton knit fabric. The front panels are constructed from 95 percent polyester and 5 percent spandex woven fabric. The blouse features long sleeves with turn back cuffs, a round neckline and a full front zippered opening.

In your letter you suggest that the garment is classifiable as a knitted garment under subheading 6110.90.9041, HTS. Style 403171, however, is properly classified under subheading 6206.40.3030, HTS. Because the garment is constructed of both knitted and woven components we apply GRI 3 (b), which states that garments will be classified by the component which gives them their essential character. In this case, because the entire front of the garment consists of the woven fabric that is the component which imparts the essential character to the garment.

The applicable subheading for style 403171 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. The rate of duty will be 27.1 percent ad valorem.

Style 403171 falls within textile category designation 641. Based upon international textile trade agreements products of Hong Kong 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 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