CLA-2-62:RR:NC:TA:360 C84230

Ms. Judy C. Han
Neville, Peterson & Williams
80 Broad Street
New York, NY 10004

RE: The tariff classification of women's woven upper body garments from China

Dear Ms. Han:

In your letter dated February 4, 1998, you requested a classification ruling on behalf of Pioneer Apparel, Ltd. The samples submitted with your request will be returned to you under separate cover. Style 97-JA-064 is a women's unlined blouse constructed from 55 percent linen and 45 percent rayon woven fabric. The garment extends from the neck and shoulders to slightly below the waist and features long sleeves without cuffs, a round neckline, shoulder pads, a straight hemmed bottom and a full front opening secured by five buttons.

Style 97-JA-090 is a women's unlined blouse constructed from 55 percent linen and 45 percent rayon woven fabric. The tunic-styled sgarment extends from the neck and shoulders to the hip area and features short sleeves, a V-neckline, shoulder pads, side vents, patch pockets below the waist, a straight hemmed bottom and a full front opening secured by five buttons.

Style 97-JA-080 is a women's unlined jacket constructed from 52 percent linen and 48 percent rayon woven fabric. The semi-fitted jacket, made from seven panels, extends from the neck and shoulders to the hip area and features long sleeves without cuffs, a shirt collar, shoulder pads, two double besom pockets below the waist, a straight hemmed bottom and a full front zippered opening.

The applicable subheading for style 97-JA-064 will be 6206.90.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses: of other textile materials: other. The duty rate will be 6.9 percent ad valorem.

The applicable subheading for style 97-JA-090 will be 6211.49.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments: of other textile materials: other: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for style 97-JA-080 will be 6211.49.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for jackets and jacket-type garments excluded from heading 6202. The duty rate will be 7.6 percent ad valorem.

Styles 97-JA-064 and 97-JA-090 fall within textile category designation 840 and style 97-JA-080 falls within textile category designation 835. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints.

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. 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 (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 (212) 466-5866.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division