CLA-2-62:RR:NC:TA:360

Ms. Gayle E. Williams
Sear Holding Corporation
Dept 733IMP-A3-366B
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of women’s garments from Indonesia

Dear Ms. Williams:

In your letter dated July 29, 2008, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #AS9JB94015K, is a woman’s blouse constructed from 100% cotton woven fabric. The blouse extends from the top of the bust to approximately mid-thigh leaving the shoulders and the upper back bare. The pullover blouse features an elasticized top edge with a ruffle, a drawstring at the waist and a ruffled hemmed bottom.

Submitted sample, style #AS9JB94013K, is a woman’s dress constructed from 100% cotton woven fabric. The pullover dress features a smocked bodice, two inch wide elasticized shoulder straps, and a ruffled hemmed bottom. The top edge is cut straight across from side seam to side seam.

The applicable subheading for the style AS9JB94015K will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the style AS9JB94013K will be 6204.42.3050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses: of cotton: other: other: other: other: women’s. The duty rate will be 8.4 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/.

Style AS9JB94015K falls within textile category 341 and style AS9JB94013K falls within textile category 336. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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