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NY B88868




September 23, 1997

CLA-2-62:RR:NC:TA:360 B88868

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.9090

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

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

Dear Mr. Sullivan:

In your letter dated August 25, 1997, you requested a classification ruling on behalf of Newport News, Inc. The sample submitted with your request will be returned to you under separate cover.

Style 71308 is a woman's upper body garment, which you refer to as a bustier, constructed from 55 percent linen and 45 percent cotton woven fabric. The garment features a slightly shaped front neckline; adjustable shoulder straps that are approximately 1/2 inch wide; stays down the front seams; a rear zipper closure; and is cut straight across the back. The garment extends to the vicinity of the waist, and with the exception of the straps, half of the back is bare.

The applicable subheading for style 71308 will be 6211.49.9090, 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 other textile materials: other: other. The duty rate will be 7.6 percent ad valorem.

Style 71308 falls within textile category designation 859. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints.

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. 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 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) 466-5866.

Sincerely,

Robert B. Swierupski
Director,

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