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NY J87267




September 17, 2003

CLA-2-62:RR:NC:N3:360 J87267

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.30.3010

Mr. Don M. Obert
Follick & Bessich
33 Walt Whitman Road
Suite 204
Huntington Station, NY 11746

RE: The tariff classification of women's blouses from India

Dear Mr. Obert:

In your letter dated August 21, 2003, you requested a tariff classification ruling on behalf of ANI Industries, LLC. The samples submitted with your request will be returned to you under separate cover.

Three samples were submitted with your inquiry. Each style consists of two women’s upper body garments, a sleeveless pullover and a button-front blouse, constructed from mutually complimentary multi-color patterened woven fabric of 97 percent cotton and 3 percent spandex. The individual garments are joined at the shoulders by means of a self-fabric loop and can be separated without damage to either garment. As such, they are separately classifiable.

Style 7296 - The outer blouse features long sleeves that can be rolled up and secured by a self-fabric tab, a collar, a full front opening secured by six buttons, side vents, and adjustable tabs located approximately three inches from the bottom of the garment above the side vents. The other blouse is sleeveless and features a round neckline and measures 3 inches at the shoulder seams. The body of this garment is smocked.

Style 7229 - The outer blouse has short sleeves but is otherwise identical in styling to the above. The other blouse is identical in styling to the above.

Style 7154 - The outer blouse has ¾ length sleeves but is otherwise identical in styling to the above. The other blouse is identical in styling to the above.

In your letter you suggest classification for the outer blouses under heading 6211, HTS. It is your contention that the adjustable tabs located three inches above the bottom of the garment qualify as a tightening at the bottom. You further state that the garments at issue here are distinguishable from the garment at issue in HRL 952707 dated January 26, 1993. In that ruling Customs position concerning the phrase “tightening at the bottom” was defined:

As such, we must adhere to the strict interpretation given to the phrase "with a ribbed waistband or other means of tightening at the bottom of the garment", in EN 4 to chapter 61, HTSUSA. That is, the tightening described must be at the bottom of the garment, regardless of whether it is ribbed knit or some other type of tightening, such as a drawstring.

The garment at issue in the Headquarters ruling 952707 was knitted, but the principle concerning tightening at the bottom applies equally to garments classifiable in Chapter 62. As such, garments with adjustable tabs, which act as a tightening, but are not located at the bottom of the garments are correctly classifiable in heading 6206, HTS.

The applicable subheading for all the blouses will be 6206.30.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of cotton; other: other: with two or more colors in the warp and/or the filling: women’s. The rate of duty will be 15.5 percent ad valorem.

All of the blouses fall within textile category designation 341. Based upon international textile trade agreements products of India 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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