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NY B84272




May 7, 1997

CLA-2-61:RR:NC:WA:361 B84272

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010

Mr. Mark Zeitlin
Import Manager
S. Stern Custom Brokers, Inc.
JFK International Airport
Cargo Building No. 80, Room 2D
Jamaica, New York 11430

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

Dear Mr. Zeitlin:

In your letter dated April 3, 1997, you requested a tariff classification ruling for style 9603 on behalf of Victoria Royal Limited. The garment is being returned, as you requested.

Style 9603 is a woman's knit blouse constructed from 100% nylon fabric with more than ten stitches per centimeter in both the horizontal and vertical directions. The nylon fabric is covered with beads. The shirt features a mock turtle neck collar, a full back zipper opening, and a plain hemmed bottom.

The importer believes that the garment should be considered an article of beads, and not textile wearing apparel. We disagree. The attachment of the beads to the garment is considered to be a type of embroidery, as defined in note 6 to chapter 58, as follows:

In heading 5810, the expression "embroidery" means, inter alia, embroidery with metal or glass thread on a visible ground of textile fabric, and sewn applique work of sequins, beads or ornamental motifs of textile or other materials. (Emphasis added)

Further, note 2c to section XI, the section covering textiles and textile articles, provides the manner in which embroidered articles are to be treated, as follows:

In the case of embroidery of heading 5810 and goods thereof, only the ground fabric shall be taken into account. (Emphasis added)

Therefore, based on these two notes, the garment is considered to be a textile article, not an article of beads, and is classified based upon the ground fabric - as a man-made fiber shirt.

The applicable subheading for the shirt will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit blouses and shirts of man-made fibers. The rate of duty will be 33.8 percent ad valorem.

The pants fall within the textile category designation 648; the shirt falls within textile category designation 639. Based upon international textile trade agreements, garments imported from Hong Kong 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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