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NY K80387




December 2, 2003
CLA-2-61:RR:NC:WA:361 NY K80387

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0010

Ms. Melissa Weiss-Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification and status under the African Growth and Opportunity Act for a woman’s blouse from Botswana.

Dear Ms. Weiss-Fox:

In your letter dated October 30, 2003, you requested a ruling on the tariff classification and status under the African Growth and Opportunity Act (AGOA) for a woman’s blouse on behalf of Leonard Feinberg, Inc.

The submitted sample, style DG4008-09P is a woman’s blouse constructed from 60 percent cotton, 40 percent polyester fabric that has more than ten stitches per centimeter in both the horizontal and vertical directions. The sleeveless blouse has a rounded neckline, a partial front opening with a button closure, and a hemmed bottom with side slits. The neck and armholes are trimmed with a self-fabric edging that has been stitched to form a decorative scalloped effect. You have indicated that all fabric will be made in Taiwan and imported into Botswana in rolls. It is assumed that this includes both the fabric for the body/trim of the garment as well as the non-woven fabric used as interfacing in the placket. The buttons will also be imported from Taiwan. The fabric will then be cut and assembled into the completed garment in Botswana.

The applicable subheading for style DG4008-09P will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sblousesknitted or crocheted: Of cotton. The duty rate will be 19.8% ad valorem. Effective January 1, 2004, the rate of duty will be19.7% ad valorem.

Style DG4008-09P falls within textile category designation 339. Based upon international textile trade agreements these categories from Botswana are neither subject to quota nor the requirement of a visa.

Based on the information that you supplied, and provided all requirements are met, the submitted garments are eligible for duty free treatment under subheading 9819.11.12, HTSUS, which provides for: Apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more such lesser developed countries enumerated in U.S. note 2(d) to this subchapter, subject to the provisions of U.S. note 2 to this subchapter, regardless of the country of origin of the fabric or the yarn used to make such articles, if entered during the period beginning on the date announced in a Federal Register notice issued by the United States Trade Representative and continuing through September 30, 2004, inclusive

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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