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NY D81124




August 27, 1998

CLA-2-62:RR:NC:TA:360 D81124

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Amy Sperber delia's
435 Hudson Street
New York, NY 10014

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

Dear Ms. Sperber:

In your letter dated August 4, 1998, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 04290 is a woman's upper body garment constructed from 100 percent cotton voile woven fabric. The garment features a shaped neckline, 1/2 inch wide shoulder straps and an empire waistline. The garment wraps and ties in the back with self fabric ties inside and outside. The garment does not provide sufficient coverage.

The applicable subheading for style 04290 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 duty rate will be 8.4 percent ad valorem.

Style 04290 falls within textile category designation 359. Based upon international textile trade agreements products of India 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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