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NY A 89960

February 5, 1997

CLA-2-62:RR:NC:BCH3:353 A 89960

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030

Ms. Sandra L. Haupt
Tower Group International, Inc.
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of a unisex scrub blouse from Mexico and Jamaica

Dear Ms. Haupt:

In your letter dated November 25, 1996 you requested a classification ruling on behalf of your client Dowling Textile, McDonough, Ga. for a unisex scrub blouse from Mexico and Jamaica. A sample of the scrub blouse was submitted for examination.

You stated that a previous ruling, DD 848413 of Jan. 12, 1990, considered the classification of a similar 50/50 poly/cotton blend blouse. That ruling classified the blouse in HTS 6206.40.3040 as a blouse of man-made fibers. You now assert that a 100% cotton neck binding has been added to the 50/50 poly/cotton blend blouse and request classification in light of the added cotton component.

Textile products that are stated to be constructed of a 50/50 blend (by weight) will be classified on the basis of General Rule of Interpretation 3(c) which states: "When goods cannot be classified by reference to 3 (a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration." In the case of a 50% cotton/ 50% polyester blend, the good would be classified as chief weight polyester for that would be the last in numerical order among those which equally merit consideration. However, even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements and such goods may be subject to U.S. Customs laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

Your client contends that the addition of the cotton trim to the scrub blouse adds weight to the overall article, and therefore, the product is no longer considered a 50/50 blend and should therefore be considered in chief weight of cotton.

The provided sample scrub blouse was submitted to the U.S. Customs Laboratory for analysis to determine the fabric content by weight which included the added cotton neck binding. That analysis, recently received, reported that "The sample is a woven scrub shirt with a 100% cotton trim. The shirt has the following composition by weight: polyester... 56% and cotton.... 44%." The analysis indicates that the scrub blouse is in chief weight of polyester or man-made fibers.

The applicable subheading for the submitted scrub blouse sample 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" .

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 Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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