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NY M87246

November 6, 2006

CLA-2-62:RR:NC:TA:360 M87246


TARIFF NO.: 6206.40.3030; 6211.43.0091

Ms. Diane Bonvissuto
D. Hauser, Inc.
One Cross Island Plaza
Suite 310
Rosedale, NY 11422

RE: The tariff classification of women’s upper body garments from China

Dear Ms. Bonvissuto:

In your letter dated October 12, 2006, you requested a classification ruling on behalf of Rafaella Apparel Group, Inc. The submitted sample will be returned to you as requested.

Style RYC 3148 consists of two women’s upper body garments constructed from 100 percent polyester woven fabric. The pullover blouse features a mock wrap front, a collar and ¾ length sleeves with buttoned cuffs. The inner garment features a shaped front neckline, adjustable shoulder straps and a side zipper closure. The top back edge is cut straight across from side seam to side seam. The garments are attached at the shoulder seam by means of a snap closure. Because the garments are not permanently attached they are classified separately under their own headings.

In your letter you have suggested that the inner garment is classified as a blouse under subheading 6211.43.0060, HTSUS. The garment lacks the characteristics of a blouse, specifically coverage of the upper back area and is correctly classifiable under the provision for other garments in heading 6211, HTS.

The applicable subheading for the blouse will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: women’s. The duty rate will be 26.9 percent ad valorem.

The applicable subheading for the inner garment will be 6211.43.0091, Harmonized tariff Schedule of the United States (HTSUS), which provides for tracksuits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The blouse falls within textile category 641 and the inner garment falls within textile category designation 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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