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NY L84315




June 7, 2005

CLA-2-62:RR:NC:N3:360 L84315

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3010

Herbert J. Lynch
Sullivan & Lynch, P.C.
Inner Tech Park
56 Roland Street – Suite 303
Boston, MA 02129-1223

RE: The tariff classification of women’s blouses from China. Correction to Customs Ruling Number L83585

Dear Mr.Lynch:

This ruling is being issued to correct Customs Ruling Number L83585, dated March 22, 2005. Subsequent to the issuance of that ruling the importer has made a change in the fiber content of the woven fabrics which affects the tariff classification of the garment. A complete corrected ruling follows.

In your letter dated March 22, 2005, on behalf of Susan Bristol Inc., you requested a classification ruling. The sample submitted with your request will be returned as requested.

Style 1543977 is a women’s blouse constructed from five fabrics of different construction and fiber content. The garment extends to below the waist and has a full front opening secured by a zipper. The blouse features long sleeves without cuffs, a lace stand collar and a straight bottom trimmed with lace. The front panels are embellished with lurex thread and beading. The lace trim is made from 86% nylon and 14% spandex knitted fabric. The back of the garment is made from 92% polyester and 8% rayon knitted lace fabric. The sleeves and side insert are made from 100% nylon knitted fabric. The front panels of the garment are constructed from two types of woven fabric, one in chief weight of silk and the other in chief weight of polyester.

Garments comprised of both knit and woven components are classifiable according to the portion that provides the essential character or, failing that, under the heading which occurs last among those which equally merit consideration in the classification of the garment. In this case, the woven portion comprises the entire front of the garment and imparts the essential character. As noted above, the front panels consist of two types of woven fabric, one in chief weight of silk and the other in chief weight of man-made fibers. Based on the information provided, neither woven fabric imparts the essential character to the garment. Therefore, the garment is classifiable under the heading which occurs last in numerical order. As such, the garment is classifiable under the subheading for woven blouses, of man-made fiber.

You have asserted that style 1543977 is classifiable as a jacket. It is your contention that the garment does not provide sufficient protection against the elements to be classified in heading 6202. You further state that for modesty purposes, the garment requires the wearing of another outerwear garment requiring classification as a jacket either under heading 6204 or 6211. We disagree. Although the fabric is very lightweight, and somewhat sheer, the garment provides sufficient coverage to be considered a blouse. Sheerness per se does not preclude use of the garment as a blouse. The garment has the styling and construction of a blouse and while it is capable of being worn over another outerwear garment, we believe that this garment would be worn as a blouse over a camisole or camisole-type garment.

The applicable subheading for style 1543977 will be 6206.40.3010, 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 with two or more colors in the warp and/or the filling: women’s. The rate of duty will be 26.9 percent ad valorem.

Style 1543977 falls within textile category designation 641. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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.

Sincerely,

Robert B. Swierupski
Director,

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