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July 17, 1995
DD 812123

CLA-2-62-DD:C:D I:I04 812123

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

William F. Sullivan
MSAS Customs Logistics, Inc.
248-06 Rockaway Boulevard
Jamaica, New York 11422

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

Dear Mr. Sullivan:

This is in response to your letter in which you request a tariff classification ruling on behalf of New Hampton, Incorporated, 235 East 45th Street, New York, New York.

The submitted sample, style number S'96-11-011, is a woman's upper body garment which bears the midriff and the shoulders. The garment is manufactured from 100 percent cotton blue denim woven fabric.

The garment features a full frontal opening that is secured by five metal button closures. The garment has a straight, hemmed bottom and short sleeves with elasticized edges. The top of the garment is also elasticized in the rear. The back of the garment features a self-fabric half belt with two metal button closures. The front of the garment features two simulated pockets with metal button closures.

The submitted sample will be returned under separate cover.

The applicable subheading for the abbreviated upper body garment will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of cotton: other. The rate of duty will be 16.9 percent ad valorem.

The garment falls within textile category designation 359. 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/

D. Lynn Gordon
District Director

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