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NY 889941

CLA-2-62:S:N:N5:360 889941


TARIFF NO: 6206.30.3040

Ms. Judy C. Han
Neville, Peterson & Williams
39 Broadway
New York, NY 10006

RE: The tariff classification of a woman's openwork blouse from China

Dear Ms. Han:

In your letter dated September 2, 1993, on behalf of Transcorp Apparel, Ltd., you requested a tariff classification ruling.

The submitted sample, style 8885, is a women's blouse constructed of 100 percent cotton openwork fabric, known as "Battenberg Lace". The garment has short sleeves, a full front opening secured by four buttons and three-inch side side slits at the bottom. Although you have described the garment as being a hand-knit lace top, that is not the case. The process used to make this garment involves machine making the ribbon sections on a braiding machine. The ribbon sections are joined by hand with 100% cotton string in an over and under type of weave. There is no apparent looping, as in a knit garment.

The processing details for this garment are described in the Explanatory Notes to the Harmonized Tariff Schedule of the United States (HTS), Chapter 58, page 802, for "mixed lace", also known as lacet lace. Lace made in this manner is regarded as hand-made lace of heading 5804, HTS, and garments made up of lace produced in this manner are not considered to be of a knit construction.

You also claim that the garment would not be classifiable as a blouse because it is made of see-through material and therefore, it would be inappropriate for the garment to be worn alone or over an undergarment which would not normally be displayed otherwise. We disagree. This garment is part of a class of garments which are capable of being worn without another outerwear garment. Although the fabric is somewhat "see-through", this factor does not per se preclude use of the garment as a blouse. The sample will be returned to you, as requested.
Accordingly, the applicable subheading for style 8885 will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls'blouses, shirts and shirt-blouses: of cotton: other: other: women's. The rate of duty will be 16.4 percent ad valorem.

Style 8885 falls within textile category designation 341. Based upon international textile trade agreements, products of China are subject to quota restraints and visa requirements.

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 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

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