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NY N008302




March 26, 2007

CLA-2-61:RR:NC:WA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0052

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, Pennsylvania
19112-1404

RE: The tariff classification of two women’s garments from Hong Kong

Dear Ms. Fox:

In your letter dated March 12, 2007 on behalf of your client Ann Taylor, Inc. you requested a classification ruling.

Style 90-203272 is a woman’s jumpsuit constructed from 95 percent cotton 5 percent spandex jersey knit fabric. The jumpsuit features a tube type upper body section, which extends into flared pants with a straight hemmed bottom. The one-piece garment extends from the top of the bust to below the knee and is elasticized at the waist. The garment is strapless and features an elastic rib knit top edge with a tie closure, two side pockets and two back pockets.

Style 90-202569 is a woman’s shortall constructed from 69 percent cotton 31 percent polyester pile knit fabric. Style 90-202569 is constructed of a pile fabric. Section XI, subheading note 2 of the Harmonized Tariff Schedules indicates the manner in which the fiber content of a pile fabric is determined. That note states, in pertinent part:

2. (A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 or of heading 5809 consisting of the same textile materials.

(B) For the application of this rule:
(b) In the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric;

Therefore, please provide the fiber content of the pile portion of the shirt fabric, without the ground surface.

If you decide to resubmit your request for style 90-202569, please include all of the material that we have returned to you (including the sample), and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

We are returning your samples as you requested.

The applicable subheading for style 90-203272 will be 6114.20.0052, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of cotton: Coveralls, jumpsuits and similar apparel: Other: Women’s. The duty rate will be 10.8% 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 90-203272 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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