CLA-2 RR:CR:TE 961949 SS
Fiona Chau, Trade Specialist
Hong Kong Economic and Trade Office
1520 18th Street, N.W.
Washington, D.C. 20036
Re: Classification of a Woman’s Woven Blouse; Subheading 6211.49.9050, HTSUSA; Not Subheading 6206.90.0020, HTSUSA
Dear Ms. Chau:
This letter is in response to your request dated June 8, 1998, on behalf of the importer, Nordstrom, Inc., concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a woman’s woven upper body garment made in Hong Kong. A sample of the upper body garment was submitted with your request.
FACTS:
The submitted sample is a woman’s upper body garment manufactured from 60 percent linen and 40 percent wool woven fabric. No style number was provided. All parties agree that the garment is a woman’s blouse. The lightweight garment is untailored and extends from the neck and shoulders to the vicinity of the hips. The blouse features a round neckline, a full frontal opening secured by five buttons, shoulder pads, long hemmed sleeves, 5-1/2 inch side slits and two patch pockets located below the waist.
ISSUE:
What is the proper classification for the woman’s woven blouse?
LAW AND ANALYSIS:
Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (“GRIs”). GRI 1 provides that classification shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI.
Women’s woven blouses are potentially classifiable under two headings: heading 6206, HTSUSA, which provides for, inter alia, women’s blouses, and heading 6211, HTSUSA, which provides for, inter alia, other women’s garments. Thus, we must determine whether or not this blouse meets the requirements for a blouse classifiable under heading 6206, HTSUSA, or is a blouse classifiable under heading 6211, HTSUSA.
Heading 6206, HTSUSA, covers “[w]omen’s or girls’ blouses, shirts and shirt-blouses.” The EN to heading 6206, HTSUSA, state that the heading does not cover garments with pockets below the waist. Since the subject blouse has two pockets below the waist, the blouse is excluded from classification under heading 6206, HTSUSA.
Heading 6211, HTSUSA, covers “[t]rack suits, ski-suits and swimwear; other garments.” Within heading 6211, HTSUSA, various subheadings explicitly provide for women’s blouses excluded from heading 6206, HTSUSA. Classification of such blouses at the subheading level is dependent upon the material comprising the garment. As stated above, the subject blouse is comprised of both linen and wool woven fabric. Subheading Note 2(A) to Section XI states that products of two or more textile materials are to be regarded as consisting wholly of the textile material which would be selected under Note 2 to Section XI. Note 2 to Section XI states that goods of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material. Since the subject blouse is comprised of 60 percent linen and 40 percent wool, the blouse is classified under subheading 6211.49.9050, HTSUSA, the provision for blouses of textile material other than wool, fine animal hair, cotton, man-made fiber, or containing 70 percent or more by weight of silk or silk waste.
Classification of a garment determines the applicable textile category designation. In this case, the applicable textile category designation is 840. You contend that the proper textile category designation should be 440 based on the fact that the garment is 40 percent by weight of wool. Your contention appears to be based on Statistical Note 2(b) to Section XI which states:
(b) The term “subject to wool restraints” means articles not provided for in (a) above [articles subject to cotton restraints] and in which the wool (including fine animal hair) component exceeds 17 percent by weight of all the component fibers thereof.
Heading 6206, HTSUSA, does have a statistical breakout for women’s blouses “subject to wool restraints.” The textile category designation applicable to such garments is 440. However, as stated above, the subject blouse is excluded from heading 6206, HTSUSA, due to the presence of pockets below the waist. Accordingly, the blouse cannot be classified under heading 6206, HTSUSA. Heading 6211, HTSUSA, does not have a statistical breakout for women’s blouses subject to wool restraints. Thus, the wool restraint provision is inapplicable to the instant blouse.
HOLDING:
The woman’s woven blouse is classifiable in subheading 6211.49.9050, HTSUSA, textile category 840, the provision for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of other textile materials: Other; Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206.” The general column one duty rate is 7.6 percent ad valorem.
The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restrain Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division