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NY 812830




July 27, 1995

CLA-2-62:S:N:N5:360 812830

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030

Ms. Margaret E. deLiesseline
Radix Group International, Inc.
7680 South Rail Road
North Charleston, SC 29420

RE: The tariff classification of a woman's upper body garment from Lesotho

Dear Ms. deLiesseline:

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

The submitted sample, style 957000, is made from knit and woven fabrics. The knit portion consists of 85 percent polyester and 15 percent cotton; the woven portion consists of 100 percent cotton. The garment features a ribbed knit neckline, long sleeves with ribbed knit cuffs and a straight hemmed bottom.

The surface area consists of fabric that is approximately 50 percent knit and 50 percent woven. Based on the weight and value information submitted, neither the knit nor the woven portion imparts the essential character to the garment, therefore, the garment will be classified based on GRI 3(c), which states that classification is based upon the provision which occurs last in numerical order among those which equally consider merit. As such, the garment is classifiable under the heading for woven blouses.

You refer in your letter to the fact that the knit portion might be 76 percent polyester and 14 percent rayon and 10 percent cotton. We cannot address the classification of such a garment without the weight and value information.

The applicable subheading for the garment 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: other: women's. The duty rate will be 28.4 percent ad valorem.

The garment falls within textile category designation 641. Based upon international textile trade agreements products of Lesotho 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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