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NY D81494




August 28, 1998

CLA-2-62:RR:NC:TA:360 D81494

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Evelyn P. Milling
Kmart Corporation
International Headquarters
3100 West Big Beaver Road
Troy, MI 48084-3163

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

Dear Ms. Milling:

In your letter dated August 17, 1998, you requested a classification ruling.

Style 6300 is a woman's halter top constructed from 100 percent woven denim fabric. The garment features a V'd neckline, 1 1/4 inch wide shoulder straps that snap at the back of the neck, a full front opening secured by seven snaps and two chest flaps. The garment leaves the back and shoulders bare, providing insufficient coverage.

The applicable subheading for style 6300 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 6300 falls within textile category designation 359. Based upon international textile trade agreements products of Hong Kong 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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