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NY J89669




November 5, 2003

CLA-2-62:RR:NC:N3:360 J89669

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1050

Mr. William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. Ortiz:

In your letter dated October 6, 2003, you requested a tariff classification ruling on behalf of Tahari Ltd. The samples submitted with your request will be returned to you under separate cover.

Both of the submitted samples are women’s pullover garments composed of knit and woven components. The woven component is constructed from 100 percent silk and the knit components are constructed from 100 percent wool.

Style 31112173 features a turtleneck, long sleeves and a rib knit bottom. The back panel, turtleneck, sleeves and bottom are of the knit fabric and the front panel is of the woven fabric. Style 3112174 features a V-neckline, a collar, long sleeves and a rib knit bottom. The back panel, sleeves, collar, capping around the neck opening and the bottom of the garment are of the knit fabric and the front panel is of the woven fabric.

Because the garments are constructed of both knitted and woven components, Customs applies GRI 3(b), which states that garments will be classified by the component which gives them their essential character. In this case, the entire front of both garments consists of the woven fabric. Therefore, the essential character of both garments is imparted by the woven component. Both garments will be classified in Chapter 62 under the subheading for other garments.

The applicable subheading for both styles will be 6211.49.1050, 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 other textile materials: containing 70 percent or more by weight of silk or silk waste: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 1.9 percent ad valorem.

Both styles fall within textile category designation 741. Based upon international textile trade agreements products of China are not currently subject to quota restraints or visa requirements.

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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