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NY K82490




January 23, 2004

CLA-2-62:RR:NC:N3:360 K82490

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.30.3040; 6211.42.0054; 6211.43.0060; 6211.42.0056; 6202.92.2061

Mr. Kevin W. Leonard
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of women's woven wearing apparel from Hong Kong and Morocco

Dear Mr. Leonard:

This letter replaces the ruling letter we sent to you under file number K80667. The purpose of this replacement letter is to correct the 2004 rate of duty provided for styles BLUMU2725 and CHMU176. A corrected letter follows.

In your letter dated November 10, 2003, you requested a tariff classification ruling on behalf of Liz Claiborne, Inc. The samples submitted with your request will be returned to you under separate cover.

Style KCMU2804, is a woman’s shirt constructed from 100 percent cotton woven fabric. The shirt features long sleeves with buttoned cuffs, a notched collar, two flapped chest pockets with button closures and a full front opening secured by six buttons.

Style BLMU2503, is a woman’s jean jacket-styled garment constructed from 100 percent heavyweight cotton woven fabric. The jacket features long sleeves with buttoned cuffs, a collar, two flapped chest pockets with button closures and a full front opening secured by five buttons.

Style BLMU2725, is a woman’s shirt constructed from 100 percent cotton woven fabric. The shirt features long sleeves with buttoned cuffs, a hood, two chest pockets with flaps and button closures, two pockets below the waist and a full front opening secured by six buttons.

Style CHMU176, is a woman’s shirt constructed from 88 percent lyocell and 12 percent cotton woven fabric. The shirt features long sleeves with buttoned cuffs, a hood, two chest pockets with flaps, adjustable side tabs that tighten the bottom of the garment and a full front zippered opening.

Style BLMU2703, is a woman’s shirt constructed from 96 percent cotton and 4 percent spandex woven fabric. The shirt features long hemmed sleeves, a mandarin collar, two pockets below the waist and a full front opening secured by five buttons.

In your letter you suggest that style KCMU2804 is classifiable as a jacket under heading 6202, HTS. Style KCMU2804 is properly classified as a shirt under heading 6206, HTS. The garment is a hybrid garment that does not possess sufficient features for classification as a jacket.

The applicable subheading for style KCMU2804 will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of cotton: other: other: other: women’s. The rate of duty will be 15.5 percent ad valorem. Effective January 1, 2004, the rate of duty will be 15.4 percent ad valorem.

The applicable subheading for style BLMU2503 will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204of cotton: other: other: other: women’s. The rate of duty will be 9 percent ad valorem. Effective January 1, 2004, the rate of duty will be 8.9 percent ad valorem.

The applicable subheading for style BLMU2725 will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for 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: with two or more colors in the warp and/or the filling. The rate of duty will be 8.2 percent ad valorem. Effective January 1, 2004, the rate of duty will be 8.1 percent ad valorem.

The applicable subheading for style CHMU176 will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 16.1 percent ad valorem. Effective January 1, 2004, the rate of duty will be 16 percent ad valorem.

The applicable subheading for style BLMU2703 will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for 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. Effective January 1, 2004, the rate of duty will be 8.1 percent ad valorem.

Styles KCMU2804, BLMU2725, and BLMU2703 fall within textile category designation 341, style CHMU176 falls within textile category designation 641 and style BLMU2503 falls within textile category designation 335. Based upon international textile trade agreements products of Hong Kong are currently subject to quota restraints and the requirement of a visa. Products of Morocco are currently not subject to quota restraints or a visa requirement.

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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