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NY 812501




July 21, 1995

CLA-2-62:S:N:N5:360 812501

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060

Ms. Ludene Murphee
The Gap, Inc.
Two Harrison
San Francisco, CA 94105

RE: The tariff classification of a woman's woven blouse of pile fabric from Hong Kong

Dear Ms. Murphee:

In your letter dated July 10, 1995, you requested a classification ruling on behalf of Banana Republic. The sample submitted with your request will be returned to you under separate cover.

Style 725325 is a tank-styled blouse constructed from woven pile fabric. You noted that the overall fiber content, by weight is 76 percent rayon/ 24 percent silk, cut-out velvet fabric. The velvet pile is 100 percent rayon and the background mesh is 100 percent silk. The sleeveless garment features 2 1/4 inch wide shoulder straps, a scoop neckline, a hemmed bottom and a 100 percent acetate woven lining. The garment extends to the vicinity of the waist.

Section XI, subheading note 2 to the Harmonized Tariff Schedule of the United States (HTS) states:

2. (A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials.

(B) For the application of this rule:

(b) In the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric;

Therefore, by application of this rule, the blouse would be considered 100% rayon.

The applicable subheading for the blouse will be 6211.43.0060, 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: blouses, shirts and shirt-blouses, tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 16.9 percent ad valorem.

The blouse falls within textile category designation 641. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and quota restraints.

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
Area Director

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