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NY M85463




September 5, 2006

CLA-2-62:RR:NC:N3:360 M85463

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Daniela Caliari
Customs Compliance Specialist
Mothers Work, Inc.
456 North Fifth Street
Philadelphia, PA. 19123

RE: The tariff classification of women’s woven blouses from India

Dear Ms. Caliari:

In your letter dated August 7, 2006, you requested a classification ruling. The submitted sample will be returned, as requested.

Style 10458 is a women’s sleeveless blouse constructed from knitted and woven fabrics. The knitted fabric is 100% nylon and the woven fabric is 100% cotton. The blouse has a lining of 100% cotton woven fabric. The blouse features straps that are 1 ¼ inch in width, a side zipper closure, ribbon ties at the bust, button trim on the right side and a pin-on flower decoration of mesh fabric. The garment is cut straight across the top edges from side seam to side seam.

The blouse and flower are sold together at retail as a unit. They are adapted to each other, are mutually complementary and together form a whole that would not normally be offered for sale in separate parts. As such, they meet the definition of a composite good found in the Explanatory Notes to the General Rules of Interpretation (GRI) 3(b). The blouse imparts the essential character for this style.

Furthermore, as noted above, this garment is made up of knitted and woven fabrics. Such garments are considered composite goods, with the classification determined by the fabric that provides the essential character. In this case, because each fabric is considered equally essential, classification is based upon GRI 3(c), which requires classification under the heading that occurs last in numerical order among those which equally merit consideration. Therefore, the garment is classifiable in heading 6211, HTS.

The applicable subheading for style 197942 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, of cotton. The duty rate will be 8.1 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 10458 falls within textile category 359 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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