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NY B87741

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August 28, 1997

CLA-2-61:RR:NC:WA:361 B87741

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.52.2070; 6204.53.3010; 6204.59.3010; 6204.59.4040; 6211.42.0056; 6211.43.0060; 6211.49.1050

Mr. Bernard M. Sandan
Import Department
J.M. Rodgers Co., Inc.
90 West Street, suite 1510
New York, NY 100006-1039

RE: The tariff classification of woven skirts, tops, and self fabric pouches from India.

Dear Mr. Sandan:

In your letter dated June 6, 1997, with supplemental information supplied on July 18, 1997, you requested a tariff classification ruling for three garments on behalf of BHM Inc. The garments are being returned, as you requested.

Style 1001 is a woven skirt and self-fabric pouch constructed from 100% cotton woven fabric. The ankle length wrap skirt features a self-fabric strip approximately « inch x 33 inches at each side to secure the garment, a patch pocket, and a plain, hemmed bottom. The small self-fabric pouch features a draw string closure.

Style 5001 is composed of a woven skirt, woven blouse, and self-fabric pouch. The items will be imported in four different fabric types - 100% cotton, 100% polyester, 100% rayon and 100% silk. The wrap skirt features two self-fabric ties to secure the garment, and a plain, hemmed bottom. The small self-fabric pouch features a draw string closure.

The tank styled pullover top features a U-shaped neckline in front and back, shoulder straps measuring approximately 1.75 inches, and a plain hemmed bottom.

The woven skirts and self-fabric pouches are considered composite articles, and are classified under the tariff number for the skirts, which provide the essential character to the product.

The applicable subheading for the skirts and self-fabric pouches will be as follows: 100% cotton: 6204.52.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for women's skirts of cotton. The rate of duty will be 8.6 percent ad valorem. 100% polyester: 6204.53.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's skirts of synthetic fibers. The rate of duty will be 16.7 percent ad valorem. 100% rayon: 6204.59.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's skirts of artificial fibers. The rate of duty will be 16.7 percent ad valorem. 100% silk: 6204.59.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for women's skirts, containing 70% or more by weight of silk. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the blouses will be as follows: 100% cotton: 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's garments of cotton...blouses excluded from heading 6206. The rate of duty will be 8.4 percent ad valorem. 100% polyester and 100% rayon: 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's garments of man-made fibers...blouses excluded from heading 6206. The rate of duty will be 16.7 percent ad valorem. 100% silk: 6211.49.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's garments, containing 70% or more by weight of silk...blouses excluded from heading 6206. The rate of duty will be 5.8 percent ad valorem.

The skirt and pouch composites fall within textile category designation 342, if cotton; 642 if polyester or rayon; and 742 if silk. The blouse falls within textile category designation 341 if cotton, 641 if polyester or rayon, and 741 if silk. Based upon international textile trade agreements, garments imported from India 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 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Paul K. Schwartz
Chief, Apparel Branch

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See also:

• Tariff No.: 6204.52.20 - Women's or girls' skirts and divided skirts, not knitted or crocheted, of cotton, nesoi
• Tariff No.: 6204.53.20 - Women's or girls' skirts & divided skirts, nt knit or crocheted, of synthetic fibers, cont. 36% or more of wool or fine animal hair, nesoi
• Tariff No.: 6204.53.30 - Women's or girls' skirts and divided skirts, not knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6204.59.30 - Women's or girls' skirts and divided skirts, not knitted or crocheted, of artificial fibers, nesoi
• Tariff No.: 6204.59.40 - Women's or girls' skirts and divided skirts, not knitted or crocheted, of textile materials nesoi
• Tariff No.: 6211.42.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of cotton
• Tariff No.: 6211.43.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of man-made fibers
• Tariff No.: 6211.49.10 - Women's or girls' garments(excl swimwear or ski-suits), nesoi, of tex mat(except wool, cotton or mmf), cont 70% or more wt of silk, not k/c