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NY E87700




October 20, 1999

CLA-2-62:RR:NC:360 E87700

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054; 6211.42.0081

Mr. William A. Vollmerhausen
Kmart Corporation
Resource Center
3100 West Big Beaver
Troy, MI 48084-3163

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

Dear Mr. Vollmerhausen:

In your letter dated September 17, 1999, you requested a classification ruling.

Both of the submitted samples are constructed from 100 percent cotton woven denim fabric.

Style 7432 is a women’s upper body garment that features a shaped neckline in front and a square neckline in back, ¼ inch wide shoulder straps, side vents, a side zipper closure and a keyhole opening just beneath the front neckline.

Style 7433 is a woman’s upper body garment that features shaped neckline, ½ inch wide shoulder straps, two pockets on the bodice and a side zipper closure. The garment is cut straight across the back from side seam to side seam.

The applicable subheading for style 7432 will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-wear and swimwear; other garments: other garments, women’s or girls’: of cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: with two or more colors in the warp and/or the filling. The duty rate will be 8.4 percent ad valorem.

The applicable subheading for style 7433 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 7432 falls within textile category designation 341 and style 7433 falls within textile category designation 359. 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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