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NY L81083




December 16, 2004

CLA-2-62:RR:NC:N3:360 L81083

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1050

Ms. Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a woman's blouse from China

Dear Ms. Fox:

In your letter dated November 24, 2004, you requested a tariff classification ruling on behalf of Jones Apparel Group. The submitted sample will be returned to you as requested.

Style 5DTE27718 is a woman’s blouse constructed from knit and woven components. The back panel, waistband, neck and arm trim are constructed from 63 percent rayon and 37 percent nylon knit fabric. The front panel is constructed from 100 percent silk woven fabric. The garment is sleeveless and features a U-neckline and measures two inches at the shoulder.

Because the garment is constructed of both knitted and woven components it is considered a composite good, and based upon GRI 3(b) classified by the component that provides the essential character. In this case, because the entire front of the garment consists of the woven fabric that is the component which imparts the essential character to the garment.

The applicable subheading for style 5DTE27718 will be 6211.49.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 1.2 percent ad valorem.

Style 5DTE27718 falls within textile category designation 741. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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