CLA-2-62:RR:NC:N3:360 J82374
Mr. Alan Siegal
Genghis Khan Freight Service Inc.
161-15 Rockaway Boulevard
Jamaica, NY 11434
RE: The tariff classification of a woman's blouse from Hong Kong
Dear Mr. Siegal:
In your letter dated March 19, 2003, you requested a tariff classification ruling on behalf of William Rondina Inc.
The submitted sample, style 11051, is a woman’s blouse composed of knitted and woven components. The back panel and sleeves are constructed from 55 percent silk, 15 percent cashmere, 10 percent cotton and 5 percent spandex knitted fabric. The collar, waist and trim at the front opening and sleeve cuffs are constructed from 70 percent silk, 15 percent cotton, 10 percent cashmere, 4 percent other fibers and 1- percent spandex knitted fabric. The front panels are constructed from 98 percent wool and 2 percent spandex woven fabric. The garment extends from the shoulders to below the waist and features long sleeves, a pointed collar, a rib knitted waistband and a full front opening secured by five buttons that do not extend onto the waistband. The essential character of the garment is imparted by the woven components, Harmonized Tariff Schedules of the United States (HTS), General Rules of Interpretation (GRI) 3(b), noted.
In your letter you suggest classification under subheading 6206.10.0020, HTS. Section XI subheading note 2 provides:
Products of chapters 56 to 63 containing two or more textile materials are to
be regarded as consisting wholly of that textile material which would be selected
under note 2 to this section for the classification of a product of chapters 50 to 55
or of heading 5809 consisting of the same textile materials.
For the application of this rule:
Where appropriate, only the part which determines the classification under general interpretative rule 3 shall be taken into account;
Because the woven fabric, which constitutes the essential character of the garment, is in chief weight of wool, style 11051, is properly classified under subheading 6206.20.3010, HTS.
The applicable subheading for style 11051 will be 6206.20.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of wool or fine animal hair: other: other: women’s. The rate of duty will be 8.3 cents/kg + 17.4 percent ad valorem.
Style 11051 falls within textile category designation 440. Based upon international textile trade agreements products of Hong Kong are currently subject to quota 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 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 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