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NY 861383


April 02, 1991

CLA-2-62:S:N:N:3-I:360 861383

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.2510; 6204.53.3010; 6110.30.3055

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

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