United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L86008 - NY L86062 > NY L86048

Previous Ruling Next Ruling
NY L86048




July 25, 2005

CLA-2-62:RR:NC:N3:360 L86048

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.10.0040; 6206.40.3030; 6211.43.0060; 6211.49.1050

Ms. Barbara Hodes, Ltd.
315 West 39th Street
Suite 1304
New York, NY 10018

RE: The tariff classification of women’s upper body garments from China or Hong Kong

Dear Ms. Hodes:

In your letter dated June 23, 2005, you requested a classification ruling. The submitted samples will be returned to you as requested.

Style 5570/5570N is a woman’s blouse constructed from knit and woven fabric. The front panel consists of different woven fabric segments as follows: 100 percent silk charmeuse, 82 percent rayon/18 percent silk velvet, 100 percent polyester chiffon and 100 percent wool. The back panel consists of 93 percent modal and 7 percent spandex knitted fabric. The pullover garment features a U-shaped neckline, one-inch wide shoulder straps, and a front vent with ties.

Style 5583/5583N is a woman’s blouse constructed from knit and woven fabric. The front panel consists of different woven fabric segments as follows: 100 percent silk chiffon, 100 percent silk charmeuse and 100 percent wool. The back panel is constructed from 93 percent modal and 7 percent spandex knitted fabric. The pullover garment features a V-neckline and 1-½ inch wide shoulder straps.

Style 5571 is a woman’s blouse constructed from knit and woven fabric. The front panel consists of different woven fabric segments as follows: 100 percent silk charmeuse, 82 percent rayon/18 percent silk velvet, 100 percent wool and 100 percent polyester chiffon. The back panel and sleeves are constructed from 93 percent modal and 7 percent spandex knitted fabric. The pullover garment features a V-neckline, long sleeves and tapered points at the center bottom.

Style 5574 is a woman’s sleeveless blouse constructed from knit and woven fabric. The front panel consists of different woven fabric segments as follows: 82 percent rayon/18 percent silk and 100 percent silk charmeuse. The back panel is constructed from of 93 percent modal and 7 percent spandex knitted fabric. A small portion of the knitted fabric has been sewn underneath the bust and is visible when the woven panels part. The pullover garment features a V-neckline and 2 inch wide shoulder straps.

Style 5572/5572N is a woman’s sleeveless blouse constructed from knit and woven fabric. The front panel consists of two types of 100 percent silk woven fabric, a printed chiffon and a charmeuse. The front panel is lined with a knitted fabric and is embellished with ribbon overlays. The back panel is constructed from of 93 percent modal and 7 percent spandex knitted fabric. The pullover garment features a shaped neckline and 1-½ inch wide shoulder straps.

Style 5576 is a woman’s sleeveless blouse constructed from knit and woven fabric. The front panel is constructed from 82 percent rayon and 18 percent silk woven velvet. There is a small piece of fabric sewn to the bust area which is made from 100 percent polyester woven chiffon fabric. The back panel is constructed from 93 percent modal and 7 percent spandex knitted fabric. The pullover blouse features a shaped front neckline, 1-inch wide shoulder straps and a partial front opening secured by four buttons.

Style 5578 is a woman’s pullover blouse constructed from knit and woven fabric. The front panel consists of two types of silk woven fabric, 100 percent silk charmeuse and 100 percent silk chiffon. The back panel is constructed from 93 percent and 7 percent spandex knitted fabric. The garment features a V-neckline and long sleeves.

Garments made up from different types of fabric are considered composite goods as that term is defined and applied in the HTS. General Rule of Interpretation 3(b) provides that composite goods shall be classified according to the component that gives them their essential character. For styles 5572/5572N, 5576 and 5578, the woven fabric which comprises the entire front of the garment imparts the essential character to the garments. Style 5572/5572N will be classified as a silk blouse under heading 6211, HTS; style 5576 will be classified as a man-made fiber blouse under heading 6211, HTS, and style 5578 will be classified as a silk blouse under heading 6206, HTS.

For styles 5570/5570N, 5583/5583N, 5574 and 5571 none of the different fabrics comprising the front panels impart the essential character to the garment. Each garment, therefore, will be classified using GRI 3(c), which states that classification is based upon the provision which occurs last in numerical order among those which equally merit consideration. As such, styles 5570/5570N, 5538/5538N and 5574 are classifiable under the subheading in 6211, HTS, for blouses of silk. Style 5571 is classifiable under the subheading in 6206, HTS, for blouses of man-made fibers.

The applicable subheading for styles 5570/5570N, 5538/5538N, 5574 and 5572/5572N 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 of silk or silk waste: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The duty rate will be 1.2 percent ad valorem.

The applicable subheading for style 5571 will be 6206.40.3030, 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: other: other: other: women’s. The duty rate will be 26.9 percent ad valorem.

The applicable subheading for style 5576 will be 6211.43.0060, 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 man-made fibers: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 5578 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.

Styles 5570/5570N, 5583/5538N, 5574, 5572/5572N and 5578 fall within textile category designation 741; styles 5571 and 5576 fall within textile 641. 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,

Previous Ruling Next Ruling

See also: