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NY 807515

March 29, 1995

CLA-2-62:S:N:N5:360 807515


TARIFF NO.: 6211.43.0066

Mr. Peter J. Allen
Neville, Peterson & Williams
80 Broad Street
34th Floor
New York, NY 10004

RE: The tariff classification of a woman's woven jumper from Hong Kong

Dear Mr. Allen:

In your letter dated March 1, 1995, you requested a classification ruling on behalf of Transcorp Apparel Ltd. The sample submitted with your request will be returned to you under separate cover.

The submitted sample, style 8198, is a jumper composed of two components. The upper portion, which does not reach the waist, is constructed from fabric that is 100 percent woven cotton and the lower portion is constructed from fabric that is 100 percent woven rayon. The jumper is sleeveless, has 2 1/4 inch shoulder straps, and a partial front opening secured by two buttons. The jumper is pleated, has two side seam pockets and extends to mid-calf.

In your letter you indicated that the complete upper portion is composed of 100 percent cotton woven fabric; that the lower portion exceeds 60 percent of the weight; and that the lower portion provides a significant visual effect. While you accurately state the weight factor, we disagree with the other two points. First, since the upper portion does not extend to the waist, the complete upper portion is not composed of the cotton fabric. Second, the lower portion does not provide a significant visual effect. Contrasting colors or patterns was not intended by that phrase, as may be seen by the example (lace), to define the concept. Therefore, neither component provides the essential character to the garment and classification is based on GRI 3(c).

The applicable subheading for the jumper will be 6211.43.0066, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers: jumpers: other. The duty rate will be 16.9 percent ad valorem.

The jumper falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and are currently not subject to 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. Since 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 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
New York Seaport

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