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NY 891890




November 26, 1993

CLA-2-62:S:N:N5:360 891890

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.90.0040

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of a ladies' woven blouse from Hong Kong and/or China

Dear Ms. Kelly-Kobayashi:

In your letter dated October 27, 1993, you requested a tariff classification ruling on behalf of Rafaella Sportswear Inc.

The submitted sample, style RL0111, is constructed from woven fabric that is 55 percent linen/ 45 percent cotton. The sleeveless garment is lined and features a full front opening secured by four buttons. As requested, your sample will be returned to you.

It is your contention that this garment is correctly classifiable as a vest in subheading 6211.49.0080, HTS. You state that this garment was designed to be worn over another outerwear garment and that its lining and tailoring add to its being considered a vest.

We disagree. The current fashion trend is to design blouses which give the appearance of a vest. These garments are worn alone or with another outerwear garment. There is, however, nothing in the construction of this garment which would preclude its classification as a blouse under heading 6206, HTS. There is ample coverage to allow the wearer to wear the garment alone. Tailoring and the presence of a lining are features found in a blouse and would not on their own be a counterindication.

The applicable subheading for the blouse 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 blouse falls within textile category designation 840. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement while products of China 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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