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NY 887061 june 29, 1993


CLA-2-62:S:N:N5:360 887061

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020; 6204.63.3510; 6204.69.2510; 6204.69.3040; 6206.10.0040; 6206.30.3040; 6206.40.3030; 6214.10.1000; 6214.30.0000; 6214.40.0000

Mr. Joseph Bonvissuto
A.W. Fenton Company, Inc.
6565 Eastland Road
Cleveland, OH 44142-1388

RE: The tariff classification of women's woven wearing apparel from India

Dear Mr. Bonvissuto:

In your letter dated June 3, 1993, you requested a tariff classification ruling on behalf of Ram Trading Company.

The two styles submitted are manufactured from 100 percent cotton woven fabric. Style 1, designated as "Salwar, Kurta and Dupatta", consists of three pieces. The blouse features long sleeves, a V-neckline, embroidery and beading on the front extending from the neckline to the hem and a keyhole opening at the back secured by a hook and eye closure. The garment extends to just below the knee. The pants have a drawstring waist and hemmed leg openings. The scarf measures 48 inches in length and 36 inches in width and has a metallic gold trim all around. Style 2, designated as "Salwar Kurta", consists of two pieces. The blouse has the same body as Style 1, but this blouse has a round neckline and embroidery on the front from the neckline to the hem. The pants are as described above.

The applicable subheading for the blouses will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses: Of cotton: Other: Other: Women's. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for the pants will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts and divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other...Trousers and breeches: Women's: Other. The rate of duty will be 17.7 percent ad valorem.

The applicable subheading for the scarf will be 6214.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for shawls, scarves, mufflers, mantillas, veils and the like: Of other textile materials...of cotton. The duty rate will be 12 percent ad valorem.

The blouses fall in textile category designation 341, the pants fall in textile category designation 348 and the scarf falls in textile category designation 359. Based upon international textile trade agreements, products of India are subject to a visa requirement and quota restraints.

Your letter also indicates that Style 1 will be imported in the following fabrications: 100 percent silk, 100 percent rayon and 50 percent cotton and 50 percent polyester. The applicable subheadings, duty rates and textile categories will be:

100 Percent Silk:

Blouse - 6206.10.0040/7.5 percent
Pants - 6204.69.3040/7.5 percent
Scarf - 6214.10.1000/7.7 percent

100 Percent Rayon:

Blouse - 6026.40.3030/28.6 percent/641
Pants - 6204.69.2510/30.4 percent/648
Scarf - 6214.40.0000/10.6 percent/659

50 percent cotton/50 percent polyester:

Blouse - 6206.40.3030/28.6 percent/641
Pants - 6204.63.3510/30.4 percent/648
Scarf - 6214.30.0000/10.6 percent/659

Garments which are claimed to be constructed from a blend of 50 percent cotton/50 percent polyester are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and the textile category designation of the subject garment.

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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