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NY J82631

May 2, 2003

CLA-2-62:RR:NC:N3:360 J82631


TARIFF NO.: 6206.40.3030

Ms. Melissa Weiss
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

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

Dear Ms. Weiss:

In your letter dated April 7, 2003, you requested a tariff classification ruling on behalf of Halmode Apparel. The sample submitted with your request will be returned to you under separate cover.

Style 04-351746 is a women’s pullover garment that gives the appearance of a jacket with a blouse underneath. The garment is made from 100% polyester woven fabric that has been brushed and printed. The garment extends from the shoulders to the hips and features long sleeves with button cuffs, a notched collar and a full front unsecured front opening. Sewn to the interior of the garment, at the shoulders and side seams, is a piece of solid colored fabric that provides sufficient coverage for the garment to be worn alone. The overall appearance of this garment is that of a blouse.

The blouse is imported and sold with a detachable necklace-like accessory. The "necklace" consists of plastic disc on a textile cord with metal loops at the ends. The loops attach the "necklace" to the blouse by means of two buttons located on either side of the blouse's front opening, concealed underneath the collar. The "necklace" cannot be worn alone as it has no means of closure. Thus, it has no commercial viability apart from its use with the blouse. The blouse and necklace are considered to be a composite good, classified under the heading for the blouse which imparts the essential character to the imported article.

The applicable subheading for style 04-351746 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The rate of duty will be 27.1 percent ad valorem.

Style 04-351746 falls within textile category designation 641. Based upon international textile trade agreements products of Indonesia are currently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3051.


Robert B. Swierupski

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