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NY 888052




July 29, 1993

CLA-2-62:S:N:N5:360 888052

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.2540; 6206.40.3030

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
1515 Broadway - 43rd FL
New York, NY 10036

RE: The tariff classification of a ladies' woven blouse and shorts from Malaysia

Dear Mr. Stack:

In your letter dated July 7, 1993, you requested a tariff classification ruling on behalf of Halmode Apparel.

The submitted sample, style 04-0488, consists of two pieces, a blouse and a pair of shorts which will be imported and sold together. In your letter you state that the blouse is constructed from two types of woven fabric: the front of 100 percent rayon print challis, the sleeves and the dickey insert of 60 percent rayon and 40 percent polyester solid colored fabric (white). A third fabric, not mentioned in your description, is present in the solid colored black back. This is also a man-made fiber fabric, most likely 100% polyester. The shorts are made from 100 percent woven rayon print challis, matching the front of the blouse.

The blouse has short sleeves, a V shaped full front opening secured by one button, and an adjustable back belt. The garment also features a dickey insert with a rounded neckline which covers the chest and is sewn to the inside of the right shoulder and is buttoned to the inside of the left shoulder. The shorts have an elasticized waist and hemmed leg openings.

It is your contention that the garments do not constitute an ensemble as defined in Note 3(b) to Chapter 62, HTS, and should therefore be separately classifiable. This conclusion is based on the fact that the blouse and shorts are not of the same fabric composition (rayon and polyester for the blouse; rayon for the shorts) and color. We agree with your assessment.

Although you refer to other style numbers in your letter, this ruling is concerned only with the submitted garments comprising style 04-0488. Your samples will be returned to you, as requested.
The applicable subheading for the shorts will be 6204.69.2540, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls'... breeches and shorts: Of artificial fibers:...Shorts: Women's. The rate of duty will be 30.4 percent ad valorem.

The applicable subheading for the blouse will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other: Women's. The duty rate will be 28.6 percent ad valorem.

The shorts fall into textile category designation 648 and the blouse falls into textile category 641. Based upon international textile trade agreements, products of Malaysia are subject to a visa requirement and 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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