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NY L89992




February 14, 2006

CLA-2-62:RR:NC:N3:360 L89992

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030

Ms. Lynne McGowan
Import Director
Hamrick’s, Inc.
742 Peachoid Road
Gaffney, SC 29341

RE: The tariff classification of a woman’s blouse from Bangladesh or Indonesia

Dear Ms. McGowan:

In your letter dated January 18, 2006, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style 8V09 is a woman’s blouse constructed from 97 percent polyester and 3 percent spandex woven fabric. The blouse features long sleeves, a collar, shoulder pads and a full front opening secured by five buttons.

In your letter you suggested classification in subheading 6211.43.0078, HTSUS, which covers jackets and jacket-like garments excluded from heading 6202, based on the fact that the garment is designed to be worn over a sweater.

We agree with your analysis that the garment does not possess three jacket features to warrant classification as a jacket. The garment has sufficient coverage to be considered a blouse and often blouses are worn over other light weight garments. Furthermore, examination of the plus sized garment on the appropriate mannequin discloses that it has the overall characteristic of a blouse. As such, the applicable subheading for style 8V09 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The duty rate will be 26.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 8V09 falls within textile category designation 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,

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