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NY N002985




December 5, 2006

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030

Mr. Tom Gould
Zisser Group
3807 W. Sierra Hwy.
#4420
Acton, CA 93510

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

Dear Mr. Gould:

In your letter dated October 31, 2006, you requested a classification ruling on behalf of Union Master International Limited. The submitted sample will be returned to you as requested.

Style WS725141 is a woman’s blouse constructed from 100 percent rayon woven fabric. The blouse is sleeveless and features stand up collar, a V-neckline and a full front opening secured by five buttons. The blouse will be imported and sold with a belt made from 100 percent polyester knitted yarn/cordage decorated with wooden beads.

The blouse and belt are classified in two different headings: the blouse in heading 6206 and the belt in heading 5609 as an article of yarn/cordage (not in heading 6117 as noted in your request). The blouse and belt are considered to be a composite good under the General Rules of Interpretation (GRI) 3(b). As such, they are classified as a unit under one tariff number and one quota category number is applied to the blouse and belt. The essential character of style WS725141 is imparted by the blouse.

The applicable subheading for the blouse 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.

The blouse and belt falls within textile category 641. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

You have also inquired about the country of origin marking requirements for the blouse and belt. You have not indicated if the blouse and the belt will be made in the same country. Whether the country of origin of the belt is the same as or differs from that of the blouse, it is Customs position that the country of origin of the garment determines the country of origin of the composite good and the country of origin of the belt will not be separately determined. Only a single country of origin marking on the blouse will be needed for the subject composite good.

In addition, you asked about the country of origin requirements if the belt is imported separately. You did not submit a marked sample of the belt for review.

The marking statute, section 304, Tariff Act of 1930, as amended (16 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking in considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

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/.

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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