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NY D85562





December 10, 1998

CLA-2-62:RR:NC:TA:360 D85562

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

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:

This ruling replaces our previous ruling letter, NY D83469, which was issued to you on November 9, 1998.

Style S99-16-084 is a woman's upper body garment constructed from 98 percent cotton and 2 percent spandex woven denim fabric. The tube-like garment extends from the top of the bust to below the waist and has a side zipper closure. The garment leaves the shoulders and back bare.

The applicable subheading for style S99-16-084 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 S99-16-084 falls within textile category designation 359. 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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