United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 NY Rulings > NY 893706 - NY 893833 > NY 893723

Previous Ruling Next Ruling
NY 893723

February 9, 1994

CLA-2-62:S:N:N5:360 893723


TARIFF NO.: 6204.59.4060; 6211.49.0080

Mr. Richard M. Wortman
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, NY 10167

RE: The tariff classification of a woman's vest and skirt from China, Hong Kong or Malaysia

Dear Mr. Wortman:

In your letters dated December 16, 1993 and January 5, 1994, you requested a tariff classification ruling on behalf of Bernard Chaus, Inc.
Two women's garments were submitted with your request and will be returned under separate cover. Both garments are constructed of three different fabrics: a woven georgette of 100% polyester; a raschel knit openwork fabric of 100% polyester; and a plain woven fabric of 60% linen and 40% rayon. Style 6761 (S/124938, Missy sizes and S/624903, Petite sizes) is a sleeveless, V-neck vest. The garment is collarless and features a full front opening secured by four buttons and side vents. The arm openings are oversized. The front panels are lined with 100% polyester georgette woven fabric. The back panel consists of the woven linen/rayon blend fabric, while the front panels feature all three fabrics.

Style 6710C (S/124438, Missy sizes and S/624404, Petite sizes) is an unlined skirt. The pull-on skirt has a fully elasticized waistband and extends to approximately mid-calf. The skirt features numerous alternating horizontal bands of material. The topmost band is constructed of the woven polyester georgette fabric. The remainder of the skirt consists of two distinct types of bands. One type of band is comprised of the knit raschel openwork and the other is comprised of alternating segments of polyester georgette and the linen/rayon blend.

You have submitted information concerning the surface area, the value and the weight for each of the three fabrics used in the construction of both garments. Based on our review we have determined that none of the three different fabrics of the garments provide the essential character. The General Rules of Interpretation (GRI) provide the principles used in classifying merchandise. GRI 3(c) directs that when an essential character determination cannot be made the item will be classified under the heading which occurs last in numerical order among those which equally merit consideration. Accordingly, the garments will be classified as garments made of other textile materials under the appropriate headings in Chapter 62.

The applicable subheading for style 6761 will be 6211.49.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, women's or girls': Of other textile materials: Vests. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for style 6710C will be 6204.59.4060 Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits, ensembles...skirts and divided skirts...: Of other textile materials: Other: Other: Other. The rate of duty will be 7.2 percent ad valorem.

Style 6761 falls within textile category designation 859; style 6701C within category 842. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement. In additon to a visa requirement, products of China and Malaysia are also subject to quota restraints.

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 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: