CLA-2-61:RR:NC:WA:361 NY J87102
Ms. Evelyn Appel-Schaefer
James J. Boyle & Co.
Air & Ocean Import & Export
7505 N.E. Ambassador Place, #B
Portland, OR 97220
RE: The tariff classification of women’s knit polo shirts from China.
Dear Ms. Schaefer:
In your letter dated August 6, 2003, on behalf of your client Pendleton Woolen Mills, you requested a tariff classification ruling.
The submitted samples are described as follows:
Style #RM197 - a woman’s polo shirt constructed from 70% silk, and 30% cotton pique knit fabric. The garment features a shirt-style collar, short sleeves with slits at both sides, a partial opening at the neck with a one-button closure, embroidered floral designs on the lower front panel, and a hemmed bottom with slits at both sides. The fabric of the blouse has more than 10 stitches per centimeter counted in both the horizontal and vertical directions.
Style #RM210 - a woman’s polo shirt constructed from 70% silk, and 30% cotton pique knit fabric. The garment features a shirt-style collar, short sleeves with slits at both sides, a partial opening at the neck with a one-button closure, and a hemmed bottom with slits at both sides. The fabric of the blouse has more than 10 stitches per centimeter counted in both the horizontal and vertical directions.
We are returning your sample as you requested.
The applicable subheading for the shirts, Styles RM197 & RM210, will be 6106.90.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted, of silk or silk waste, containing 70 percent of more by weight or silk or silk waste. The rate of duty will be 1.4% ad valorem.
You have indicated in your letter that the fabric contains exactly 70 percent silk. Garments which are claimed to be so constructed that are classified in a subheading that requires that the garment “contain 70 percent or more of silk…” are subject, upon importaion, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garments.
The shirts, Styles RM197 & RM210, fall within textile category designation 739. Based upon international textile trade agreements this category from China is not subject to quota restraints or visa requirements.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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
Angela DeGaetano at (646) 733-3052.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division