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NY C83066




February 13, 1998

CLA-2-62:RR:NC:TA:360 C83066

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6211.43.0091

Mr. William F. Sullivan
MSAS Customs Logistics, Inc.
248-06 Rockaway Boulevard
Jamaica, NY 11422

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

Dear Mr. Sullivan:

In your letter dated January 19, 1998, you requested a classification ruling on behalf of Newport News, Inc. The sample submitted with your request will be returned to you under separate cover.

Style J1432 consists of two components, one a full-length garment, the other a blouse designed to be worn over the other garment. The full-length component is constructed from 100 percent rayon woven crinkle fabric from the waist to the hem, while the bodice is constructed from 100 percent nylon woven fabric. The sleeveless tank-style garment extends from the neck and shoulders to approximately the mid-calf and features a scoop neckline and a rear zipper closure. The top portion of the full-length garment is of a plain, man-made fiber lining fabric that is not intended, or likely, to be visible during normal wear. Because the garment is not worn alone, without another outer garment, it is precluded from classification as a dress.

The blouse component is constructed from fabric identical to the skirt portion of the full length garment, 100 percent woven rayon crinkle fabric. It features long sleeves, shoulder pads and a button and loop closure at the back of the neck. The front of the blouse contains free-hanging panels with button and loop closures which simulate a bolero vest.

The two componnets of style J1432, the blouse and the full-length garment, are tacked together at the shoulder pads. The garments can be easily separated without damage to either; therefore each garment is separately classifiable under its own heading.

The applicable subheading for the blouse 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. The duty rate will be 27.9 percent ad valorem.

The applicable subheading for the full-length garment will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers: other. The duty rate will be 16.6 percent ad valorem.

The blouse falls within textile category designation 641 and the full-length garment falls within textile category 659. Based upon international textile trade agreements products of the Philippines are subject to a visa requirement and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Patricia Schiazzano at (212) 466-5866.

Sincerely,

Robert B. Swierupski
Director,

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