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NY 887646




October 14, 1993

CLA-2-62:S:N:N5:360 887646

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0076; 6211.43.0091

Ms. Margi Conigliaro
Marisa Christina Inc.
1410 Broadway
New York, NY 10018

RE: The tariff classification of women's wearing apparel from Hong Kong

Dear Ms. Conigliaro:

In your letter dated June 28, 1993, you requested a tariff classification ruling. Your reply was delayed pending laboratory analysis of fiber composition.

Two samples, styles 2432 and 2431, were submitted with your request. Both garments are constructed from knit and woven components. Style 2432 is a woman's vest. The knit portion is constructed from 30.8 % acrylic, 30.1% rayon 22.4 % cotton and 16.7% metallic yarn. The woven portion is constructed from 100% polyester velvet fabric. The sleeveless garment features a full front opening secured by four buttons and knit trim around the armholes, bottom and front opening. The entire front of style 2432 consists of the woven fabric while the entire back is constructed of the knitted fabric. The essential character of this garment is imparted by the woven fabric.

Style 2431 is a woman's long sleeved garment. The knit portion is constructed of 30.6% rayon, 29.8% acrylic, 22.9% cotton and 16.7% metallic yarn. The woven portion is constructed from 100% polyester velvet fabric. The garment features a full front opening secured by four buttons and knit trim around the front opening and bottom. The two front panels are of the woven component. The entire back, as well as the sleeves of this garment are constructed of the knitted fabric. Over 60% of the surface area of the garment consists of the knitted fabric while the entire front of the garment is woven. Since neither the knit nor the woven portion of the garment provides its essential character, the garment is classified under the Harmonized Tariff Schedule of the United States (HTS) heading which appears last among those that equally merit consideration. In this instance, the classification would be as a woman's other garment under heading 6211, HTS.

The applicable subheading for style 2432 will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments women's or girls': Of man-made fibers...Vests: Other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for style 2431 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers...Other. The rate of duty will be 17 percent ad valorem.

Styles 2432 and 2341 fall within textile category designation 659. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement and are currently not subject to quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories 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
Area Director

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