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NY L83585




April 21, 2005

CLA-2-62:RR:NC:N3:360 L83585

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.10.0040

Herbert J. Lynch
Sullivan & Lynch, P.C.
Inner Tech Park
56 Roland Street – Suite 303
Boston, MA 02129-1223

RE: The tariff classification of a women’s blouse from China

Dear Mr. Lynch:

In your letter dated March 22, 2005, on behalf of Susan Bristol Inc., you requested a classification ruling. The sample submitted with your request will be returned as requested.

Style 1543977 is a women’s blouse constructed from five fabrics of different construction and fiber content. The garment extends to below the waist and has a full front opening secured by a zipper. The blouse features long sleeves without cuffs, a lace stand collar and a straight bottom trimmed with lace. The front panels are embellished with lurex thread and beading. The lace trim is made from 86% nylon and 14% spandex knitted fabric. The back of the garment is made from 92% polyester and 8% rayon knitted lace fabric. The sleeves and side insert are made from 100% nylon knitted fabric. The front of the garment is constructed from two types of woven printed fabric which are in chief weight of silk.

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 garment will be classified in Chapter 62 under the subheading for blouses, of silk.

You have asserted that style 1543977 is classifiable as a jacket. It is your contention that the garment does not provide sufficient protection against the elements to be classified in heading 6202. You further state that for modesty purposes, the garment requires the wearing of another outerwear garment requiring classification as a jacket either under heading 6204 or 6211. We disagree. Although the fabric is very lightweight, and somewhat sheer, the garment provides sufficient coverage to be considered a blouse. Sheerness per se does not preclude use of the garment as a blouse. The garment has the styling and construction of a blouse and while it is capable of being worn over another outerwear garment, we believe that this garment would be worn as a blouse over a camisole or camisole-type garment.

The applicable subheading for style 1543977 will be 6206.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of silk or silk waste, other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 6.9 percent ad valorem.

Style 1543977 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. 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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