The tariff classification of women's woven upper body garments from India

NY G87677 March 21, 2001 CLA-2-62:RR:NC:TA:360 G87677 CATEGORY: Classification TARIFF NO.: 6211.42.0081 Mr. R.I. Hasson Alba Wheels Up International, Inc. 150-30 132nd Avenue Suite 208 Jamaica, NY 11434 RE: The tariff classification of women's woven upper body garments from India Dear Mr. Hasson: In your letter dated February 15, 2001, you requested a tariff classification ruling on behalf of New Weathervane Corp. The submitted sample, style 2351, is a women’s upper body garment composed of knit and woven components. The straps and bodice are constructed of knit fabric that is 95% cotton and 5% spandex and the remainder of the garment is constructed from 100% cotton woven fabric. The garment features a shaped front neckline, straps that fasten at the back of the neck and ties at the center back. The front panel extends slightly past the sides leaving the majority of the back bare. Neither the knit nor the woven component imparts the essential character to the garment, therefore, the garment will be classified using GRI 3(c), which states that the classification is based upon the provision which occurs last in numerical order among those which equally consider merit. As such, the garment is classifiable under heading 6211, HTS, the heading for other women’s woven garments. The applicable subheading for style 2351 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: other. The rate of duty will be 8.2 percent ad valorem. Style 2351 falls within textile category designation 359. Based upon international textile trade agreements products of India are currently subject to quota restraints and a visa requirement. 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 of the U.S. Customs Service, 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.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 212-637-7080. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division