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NY J89940




November 19, 2003
CLA-2-62:RR:NC:N3:360 J89940

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060

Cherie R. Fuller
Pressfield Company Limited
2055 Autumn Leaves Circle
Green Bay, WI 54313

RE: The tariff classification of women’s upper body garments from Hong Kong

Dear Ms. Fuller:

In your letter dated October 20, 2003, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style DIR 1003 is a women’s upper body garment made from knitted and woven fabric. The woven portion comprising the entire front of the garment is made from 100% polyester woven fabric while the back, sleeves and collar are made from 55% acrylic and 45% cotton knitted fabric. The garment extends below the waist and features long sleeves, a mock- turtleneck, on-seam pockets extending below the waist and a full front zippered opening. The front panels contain a thin polyester padding sandwiched between the outer shell and a nylon lining.

Because the garment is 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 the shirt consists of the woven fabric. Therefore, the essential character is imparted by the woven component. The garment will be classified in Chapter 62 under the subheading for other garments.

The applicable subheading for style DIR 1003 will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s blouses, shirts and shirt-blousesexcluded from heading 6206. The duty rate will be 16.1 percent ad valorem.

Style DIR 1003 falls within textile category designation 641. Based upon international textile trade agreements products of Hong Kong are subject to quota 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. 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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