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NY D80788




August 26, 1998

CLA-2-62:RR:NC:TA:360 D80788

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.10.0040; 6204.59.4040; 6214.40.0000

Ms. Deborah Merrill
The Home Shopping Network
1 HSN Drive
St. Petersburg, FL 33729

RE: The tariff classification of women's wearing apparel from China

Dear Ms. Merrill:

In your letter dated July 22, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Three samples, styles H1857-0500M, H1858-0500M and H1859-0530, were submitted with your request. All of the articles are constructed from two types of woven fabric: 100 percent silk charmeuse and 82 percent rayon/18 percent silk velvet fabric.

Style H1857-0500M is a tunic-styled blouse. The pullover garment features long sleeves, a round neckline, side vents and extends from the shoulders to mid-thigh. The silk fabric comprises 3/4 of the blouse and the velvet fabric extends seven inches up from the sleeve edge and eight inches from the garment hem. The essential character of the garment is imparted by the silk fabric.

Style H1858-0500M is a straight skirt that extends from the waist to the ankle. The skirt is constructed from the silk fabric and features velvet trim approximately eight inches in length at the hem. The skirt also features an elasticized waist and 15 1/2 inch side slits. The essential character of the garment is imparted by the silk fabric.

Style H1859-0530 is a shawl that measures 70 inches by 20 1/2 inches. One side is constructed from the silk fabric and the other side is constructed from the rayon/silk velvet fabric. GRI 3(c) states that when an item is composed of two or more components that equally merit consideration, the item will be classified in the heading which occurs last in numerical order. Therefore, this shawl will be classified in heading 6214, HTS, as an article of artificial fibers.

The applicable subheading for style H1857-0500M will be 6206.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses: of silk or silk waste: other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for style H1858-0500M will be 6204.59.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, bib and brace overalls, breeches and shorts (other than swimwear): skirts and divided skirts: of other textile materials: other: other: of silk: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7 percent ad valorem.

The applicable subheading for style H1859-0530 will be 6214.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for shawls, scarves, mantillas, veils and the like: of artificial fibers. The duty rate will be 6.4 percent ad valorem.

Style H1857-0500M falls within textile category designation 741; style H1858-0500M falls within textile category designation 742 and style H1859-0530 falls within textile category designation 659. Based upon international textile trade agreements products of China, the blouse and skirt, are subject to a visa requirement and not to quota restraints. The shawl is subject to quota restraints and a visa requirement.

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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