The tariff classification of women’s apparel from China

NY J82843 April 28, 2003 CLA-2-62:RR:NC:N3:360 J82843 CATEGORY: Classification TARIFF NO.: 6110.30.3055; 6211.42.0075; 6211.49.1090 Donna L. Shira Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street New York, NY 10004 RE: The tariff classification of women’s apparel from China Dear Ms. Shira: In your letter dated March 26, 2003 you requested a classification ruling on behalf of Kasper A.S.L. The samples submitted with your request will be returned under separate cover. Style F303034 is a women’s cardigan composed of 100 percent nylon knitted mesh fabric. The garment features long sleeves, a full frontal opening secured by one button at the neck and decorative appliques and beading. Style F304003 consists of two women’s garments, an openwork jacket and a camisole. The cardigan styled jacket is made from 100 percent cotton openwork fabric that is embellished with narrow strips of knitted material sewn to the fabric. The garment features long sleeves, a stand-up collar and a full front opening without closure. The woven camisole is constructed from 100% silk chiffon with a 100% polyester georgette woven lining. The pullover garment features ¼ inch wide shoulder straps, a scooped front neckline and is cut straight across the back edge from side seam to side seam. In your letter you suggest classification of the jacket of style F304003 under subheading 6110.20.2075, HTS. This garment, however, is properly classified under subheading 6211.42.0075, HTS. Although you have described the garment as being of knitted fabric, the ground fabric is not of a knitted construction. The applicable subheading for style F303034 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other, women’s or girls. The duty rate will be 32.2 percent ad valorem. The applicable subheading for the jacket of style F304003 will be 6211.42.0075, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of cotton, jackets and jacket-type garments excluded from heading 6202. The duty rate will be 8.2 percent ad valorem. The applicable subheading for the camisole of style F304003 will be 6211.49.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 1.9 percent ad valorem. Style F304003 falls within textile category designation 639; the jacket of style F304003 falls within textile category designation 335 and the camisole within textile category designation 759. Based upon international textile trade agreements products of China, with the exception of garments falling within category 759, are 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division