CLA-2-62:RR:NC:N3:360 J89279
John Imbrogulio
Nordstrom Product Group
Customs Compliance Department
1617 Sixth Avenue - Suite 1000
Seattle, WA 98101-1742
RE: The tariff classification of women’s woven shirts from China
Dear Mr. Imbrogulio:
In your letter dated September 18, 2003, you requested a classification ruling. The sample submitted with your request will be returned to you, as requested.
Style CN84387 is a women’s shirt-jacket made from 52% linen and 48% lyocel woven fabric. The garment extends below the waist and features a shirt collar, long hemmed sleeves, a full front zippered opening, a hemmed bottom, and pockets below the waist.
You have suggested classification of this garment as a jacket under subheading 6202.99.9061, HTS. The garment is a hybrid garment and lacks the characteristics commonly found in garments classifiable under heading 6202, HTS. The garment is loose fitting but it is capable of being worn alone as a shirt would. Therefore, the garment is classifiable as a shirt under heading 6211, HTS.
The applicable subheading for Style CN84387 will be 6211.49.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: other, blouses, shirts and shirt-blouses…excluded from heading 6206. The duty rate will be 7.4 percent ad valorem.
Style CN84387 falls within textile category designation 840. Based upon international textile trade agreements products of China currently are not subject to quota and the requirement of a visa.
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 Patricia Schiazzano at 646-733-3051.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division