CLA-2-62:OT:RR:NC:TA:360
W. J. Gonzalez
Trans Union Customs Service, Inc.
11941 S. Prairie Ave
Hawthorne, CA 90250
RE: The tariff classification of women’s garments from Portugal
Dear Madam or Sir:
In your letter dated May 14, 2008, you requested a classification ruling. Your samples will be returned as requested.
Submitted sample, style #39313/Surf Side Kurta, is a woman’s blouse constructed from 68% cotton and 32% silk woven fabric. The pullover blouse is collarless and features a deep v-neckline, long sleeves, and a drawstring under the bust, side vents and a hemmed bottom. The blouse extends from the shoulder to approximately the mid-thigh.
Submitted sample, style #39355/Printed Kimono Wrap Up, is a woman’s blouse constructed from 100% cotton woven fabric. The blouse features a collarless wrap front secured by a self-fabric tie at the waist, long sleeves, side vents and a hemmed bottom. On the self-fabric tie is a small removable self-fabric pouch. The blouse extends from the shoulder to approximately the mid-thigh.
The blouse and the pouch are a composite good. The blouse imparts the essential character. They are mutually complementary in their use and would not normally be offered for sale as separate articles.
In your letter you referred to these garments as swimsuit cover-up. Based on the styling, length and coverage provided by these garments, which allows the wearer to appear in public outside the beach or pool area, Customs considers these garments to be casual wear which is more specifically provided for under heading 6206, HTS.
The applicable subheading for the style 39313/Surf Side Kurta and style 39355/Printed Kimono Wrap Up will be 6206.30.3041, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of cotton: other: other: other: other: women’s. The duty rate will be 15.4 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 341. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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