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NY 894796




March 18, 1994

CLA-2-62:S:N:N5:360 894796

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.90.0040; 6211.43.0076; 6211.49.0060

Ms. Gigi Patterson
We Be Bop
1380 10th Street
Berkeley, CA 94710

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

Dear Ms. Patterson:

In your letter dated February 10, 1994, you requested a tariff classification ruling.

Five samples of women's upper body garments were submitted with your inquiry. Each garment is constructed of two different woven fabrics: 100% linen and 100% polyester chiffon. The fabrics are arranged in alternating segments on the garments.

Style 305-339 is a sleeveless, pullover blouse. Style 305- 590 is a short sleeved blouse with a full front opening secured by five buttons and a collar. Style 305-352 is a pullover blouse with short sleeves and a banded neckline. Style 305-395 is a long sleeved, V neck blouse. It features a full front opening secured by five buttons and patched pockets at the waist. Style 305-892 is a knee length vest with a tie closure at the front and side slits. The garments have the following percentage breakdowns between the linen and polyester fabrics:

STYLE SURFACE AREA WEIGHT linen/polyester linen/polyester

For styles 305-339, 305-590 and 305-352, the essential character is imparted by the linen fabric. For style 305-395 neither the linen nor the polyester fabric provides the essential character. The General Rules of Interpretation (GRI) provide the principles used in classifying merchandise. GRI 3(c) directs that when an essential character determination cannot be made the garment will be classified under the heading which occurs last in numerical order among those which equally merit consideration. Accordingly, style 305-395 will be classified under the subheading for linen blouses. For style 305-892 the essential character is imparted by the polyester fabric.

The applicable subheading for styles 305-339, 305-590, and 305-352 will be 6206.90.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' blouses, shirts, and shirt-blouses: Of other textile materials, Other. The rate of duty will be 7.1 percent ad valorem. The applicable subheading for style 305-395 will be 6211.49.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, women's or girls': Of othertextile materials, blouses... excluded from heading 6206. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for style 305-892 will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, women's or girls': Of man-made fibers: Vests, Other. The rate of duty will be 17 percent ad valorem.

Styles 305-339, 305-590, 305-352 and 305-395 fall within textile category designation 840. Style 305-893 falls within textile category designation 659. Based upon international textile trade agreements, products of Indonesia 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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