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NY K84739

May 6, 2004
CLA-2-62:RR:NC:N3:360 K84739


TARIFF NO.: 6206.90.0040

John P. McManus
Manager, Customs Department
ITOCHU International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of a women’s tunic length blouse from China

Dear Mr. McManus:

In your letter dated April 2, 2004, you requested a classification ruling. The submitted sample will be returned as requested.

Style 57133 is a women’s tunic length upper body garment made from 55% linen and 45% rayon woven fabric. The garment extends from the shoulders to slightly above the knees and features ¾ length sleeves, a mandarin collar and a full front opening secured by four frog -style buttons and fasteners which are located above the waist. The tunic has side slits that extend upward from the hem and end approximately two inches below the waist.

You have suggested classification of this garment under subheading 6211.49.9050, HTS, as a blouse excluded from heading 6206 based on the length of the garment. The length of a garment is not one of the listed exceptions. Although the garment extends to almost the knee area, the presence of the high slits and the full front opening that ends at the waist makes this garment an upper body garment which requires the wearing of a skirt or pants underneath. The garment therefore qualifies as a blouse that is more specifically provided for as a blouse in heading 6206, HTS.

The applicable subheading for style 57133 will be 6206.90.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, of other textile materials. The duty rate will be 6.7 percent ad valorem.

Style 57133 falls within textile category designation 840. Based upon international textile trade agreements products of China are not currently subject to quota 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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. 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 646-733-3051.


Robert B. Swierupski

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