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NY L80013

November 5, 2004

CLA-2-62:RR:NC:N3:360 L80013


TARIFF NO.: 6206.40.3030

Mr. Michael Hubsmith
Coolibar, LLC
4206 Park Glen Road
St. Louis Park, MN 55416

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

Dear Mr. Hubsmith:

In your letter dated October 13, 2004, you requested a ruling on tariff classification.

The submitted sample, style 01200, is a woman’s shirt constructed from 100 percent polyester woven fabric. The shirt features long sleeves with buttoned cuffs, a collar, a back yoke, side vents and a full front opening secured by seven buttons. The shirt also has mesh inserts under the sleeves and under the back yoke.

In your letter you suggest classification under 6211.43.0060, HTS, as a blouse excluded from heading 6206, HTS. In order to be excluded from heading 6206, HTS, a garment must have pockets below the waist, a ribbed knit waistband or other means of tightening at the bottom. This garment does not possess any of these features and is therefore properly classified under heading 6206, HTS.

The applicable subheading for the shirt 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: others: women’s. The rate of duty will be 26.9 percent ad valorem.

The shirt falls within textile category designation 641. Based upon international textile trade agreements products of China 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 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.).

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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