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NY A80946




March 28, 1996

CLA-2-62:RR:NC:WA 360 A80946

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.30.3010

Ms. Cathy Johnson
Unionbay
P.O. Box 58710
Seattle, WA 98138

RE: The tariff classification of a woman's shirt from Hong Kong

Dear Ms. Johnson:

In your letter dated February 28, 1996, you requested a classification ruling. The sample submitted with your request is being retained by this office.

Style 63J324-86 is a shirt constructed from knit and woven components. The collar and front panels are composed of 100 percent cotton woven denim fabric and the sleeves and back panel are composed of 98 percent polyester and 2 percent spandex knit fabric. The shirt features a collar, long sleeves and a full front opening secured by a zipper closure. The shirt also has two flapped chest pockets secured by metal buttons and a straight hemmed bottom.

The subject sample, which is comprised of knit and woven components, is in the opinion of this office, a hybrid garment. Headquarters memorandum 084118, dated April 13, 1989, discussed the classification of garments consisting of different fabrics or of textile and nontextile components. That memorandum stated:
a. For upper or lower body garments, if one component exceeds 60 percent of the visible surface area, that component will determine the classification of the garment unless the other component:

(1) forms the entire front of the garment; or (2) provides a visual and significant decorative effect (e.g. a substantial amount of lace); or (3) is over 50 percent by weight of the garment; or (4) is valued at more than 10 times the primary component

In the case of the submitted merchandise, as the two woven panels form the entire front of the garment, the essential character of the garment is imparted by the woven fabric.

The applicable subheading for style 63J324-86 will be 6206.30.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses: of cotton: other: other: with two or more colors in the warp and/or the filling: women's. The duty rate will be 16.3 percent ad valorem.

Style 63J324-86 falls within textile category designation 341. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints and a visa requirement.

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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466-5866.

Sincerely,

Roger J. Silvestri
Director

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