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NY K89817




October 25, 2004

CLA-2-62:RR:NC:N3:360 K89817

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054

Jeannine Greener
Import Specialist
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s shirts from Hong Kong

Dear Ms. Greener:

In your undated letter received in this office on September 29,2004, you requested a classification ruling. The sample submitted with your request will be returned as requested.

The submitted garment designated as style 011-8029 (regular), 011-8030 (petite) and 011-8031 (tall) is a women’s upper body garment made from 55% cotton and 45% tencel woven fabric. The garment features long sleeves with hemmed cuffs, a stand-up collar, a full front zippered opening, side pockets below the waist and a banded bottom. You have indicated that this garment is part of a two-piece set consisting of this garment and a matching pant which will be advertised in your catalog under one item number.

In your letter you also state that the fabric weighs 6.9 ounces per square yard and suggest that this garment is classifiable as a jacket under subheading 6211.42.0075, HTS. Style 011-8029 (regular), 011-8030 (petite) and 011-8031 (tall), however, is properly classified as a shirt under subheading 6211.42.0054, HTS. The garment is a hybrid garment possessing features of both a shirt and a jacket, but it does not possess sufficient features for classification as a jacket.

The applicable subheading for style 011-8029 (regular), 011-8030 (petite) and 011-8031 (tall) 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-blousesexcluded from heading 6206: with two or more colors in the warp and/or the filling. The rate of duty will be 8.1 percent ad valorem.

Style 011-8029 (regular), 011-8030 (petite) and 011-8031 (tall) falls within textile category designation 341. 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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