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May 14, 1999

CLA-2-62:RR:NC:360 E80461

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1050; 6110.30.3055

Mr. Mark Zeitlin
S. Stern Custom Brokers, Inc.
Cargo Bldg. 80
J.F.K. International Airport
Jamaica, NY 11430

RE: The tariff classification of women’s upper body garments from China

Dear Mr. Zeitlin:

In your letter dated April 14, 1999, you requested a classification ruling on behalf of Anne Klein Div of Anne Klein Co. LLC. The sample submitted with your request will be returned under separate cover.

The submitted sample, style 19ET5522E, consists of two garments, a woven camisole and an openwork pullover. The garments are attached at the shoulder seam by a loop, but can be easily detached without damage to either garment. The camisole is constructed from 100 percent silk woven fabric and the pullover is constructed from 80 percent rayon and 20 percent nylon crocheted fabric. The camisole features a square neckline front and back, ¼ inch wide shoulder straps and a hemmed bottom. The crocheted garments is a sleeveless pullover with a boat neckline. This sample will also be imported in petite sizes under style number 29ET5522E.

The applicable subheading for the woven garment will be 6211.49.1050, 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: containing 70 percent or more of silk or silk waste: blouse, shirts and shirt-blouses. The duty rate will be 4.5 percent ad valorem.

The applicable subheading for the crocheted pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: women’s or girls’. The duty rate will be 33.1 percent ad valorem.

The woven garment falls within textile category designation 741 and the pullover falls within textile category designation 639. Based upon international textile trade agreements products of China are subject to quota restraints and a visa requirement.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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