NY 803611 - The tariff classification of a woman's upper body garment from China - United States International Trade Commision Rulings

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November 25, 1994

DD 803611

CLA-2-62-DD:C:D I:I04 803611

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.0019

Patrick Yeung, Import Manager
S.S.G. Fashions Limited
530 Seventh Avenue
New York, New York 10018

RE: The tariff classification of a woman's upper body garment from China

Dear Mr. Yeung:

This is in response to your letter requesting a tariff classification ruling.

The submitted sample, which you state will be imported under style numbers 5239/M4643 and 5243/M4645, is a partially lined woman's sleeveless, strapless upper body garment. The two front panels of style number 5239/M4643 will be manufactured from woven fabric composed of 75 percent silk, 18 percent rayon, and 7 percent nylon. The rear panel of style number 5239/M4643 will be manufactured from knit fabric composed of 89 percent rayon and 11 percent spandex. The two front panels of style number 5243/M4645 will be manufactured from woven fabric composed of 100 percent silk. The rear panel of style number 5243/M4645 will be manufactured from knit fabric composed of 89 percent rayon and 11 percent spandex.

The garment, which extends from the top of the bust to the waist, features a full frontal opening that is secured by ten button closures. The garment features underwire cups and stays which give the garment its shape. The garment is not, however, intended to be worn as a support garment. The two front panels of the garment are pointed at the bottom.

The submitted sample will be returned under separate cover.

The applicable subheading for the garment will be 6211.49.0019. 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 rate of duty will be 7.8 percent ad valorem.

The garment falls within textile category designation 759. As a product of China, this merchandise is presently subject to a visa requirement and quota restraints based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U. S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the entry documents are filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Signed by

D. Lynn Gordon
District Director

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