CLA-2-61:OT:RR:NC:3:358

Ms. Deborah Ayling
Children’s Apparel Network
112 West 34th Street
Suite 1220
New York, NY 10120

RE: The tariff classification of a girls’ garment from Bangladesh. Dear Ms. Ayling:

In your letter dated April 14, 2010, you requested a tariff classification ruling. As requested, the sample will be returned to you.

The submitted sample, Style 3C7204 (sizes 2-4T) and Style 3C9204 (sizes 4-6X) is a girls’ blue denim cotton short sleeve shirt. The garment consists of a front and back yoke beneath which are sewn vertically seven panels, three in the back and four in the front. The garment features a full frontal opening that fastens right over left and is secured by four buttons, a shirt collar, two chest pockets with fabric flaps and button closures and a banded bottom.

You have proposed classification as an “other” jacket in tariff provision 6211.42.0075. This is not possible because the item is designed for use alone as a shirt or as an additional layer piece worn over, for instance, a tee shirt. The item will not be primarily used as a jacket.

The applicable subheading for Styles 3C7204 and 3C9204 will be 6206.30.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses and shirts: of cotton: other: other, other: with two or more colors in the warp and/or filling: girls’: other. The rate of duty will be 15.4 percent 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/.

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 Bruce Kirschner at (646) 733-3048.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division