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NY J85949




July 31, 2003

CLA-2-62:RR:NC:N3:360 J85949

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056

Ms. Ramona G. Huskey
Oxford Industries Inc.
202 Hyatt Street
Gaffney, SC 29341

RE: The tariff classification of a woman's blouse from China

Dear Ms. Huskey:

In your letter dated July 2, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style 44-3319 is a woman’s sleeveless upper body garment composed of knit and woven components. The upper portion of the blouse, the bust area, is constructed from 100 percent cotton knit fabric; the remainder of the garment is constructed from 100 percent cotton voile woven fabric. The garment features a scooped neckline, spaghetti straps, an empire waist and a contrasting colored tie beneath the bust.

Neither the knit nor the woven component provides the essential character of the garment. Therefore, in accordance with General Rules of Interpretation, GRI 3(c), the blouse shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, that heading is 6211, HTS.

The applicable subheading for style 44-3319 will be 6211.42.0056, 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 cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: other. The rate of duty will be 8.2 percent ad valorem.

Style 44-3319 falls within textile category designation 341. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, 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 and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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