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NY K83724




March 29, 2004

CLA-2-62:RR:NC:N3:360 K83724

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3010

Mr. Anthony LoPresti
S.J. Stile Associates LTD.
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. LoPresti:

In your letter dated March 3, 2004, you requested a tariff classification ruling on behalf of Item Eyes Inc.

The submitted sample, style 62039ME, is a women’s blouse constructed from woven fabric whose overall fiber composition is 50 percent cotton, 48 percent polyester and 2 percent spandex. The front panels and sleeves are made of the polyester fabric while the back panel is made of the cotton fabric. The blouse features ¾ length sleeves, a scooped neckline and a full front opening secured by seven buttons.

You have suggested classification of this garment under subheading 6206.30.3040, HTS, which provides for blouses in chief weight of cotton. As noted above, the garment is made up of two different types of woven fabric. Such garments are considered a composite good, and based upon GRI 3(b) classified by the component that provides the essential character. In this case, the polyester fabric which comprises over 60% of the surface area provides the essential character; therefore, the garment is considered to be of the woven fabric in chief weight of man-made fibers.

The applicable subheading for style 62039ME will be 6206.40.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other with two or more colors in the warp and/or the filling: women’s. The rate of duty will be 26.9 percent ad valorem.

Style 62039ME falls within textile category designation 641. Based upon international textile trade agreements products of Cambodia are not currently subject to quota restraints but are subject to 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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