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NY E87863




October 29, 1999

CLA-2-62:RR:NC:360 E87863

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Simon Lam
Evergreen Tree International, Inc.
350 Fifth Avenue
Suite 5410
New York, NY 10118

RE: The tariff classification of a woman’s woven upper body garment from China

Dear Mr. Lam:

In your letter dated September 29, 1999, you requested a classification ruling.

The submitted sample, style 5118, is a woman’s upper body garment constructed from 55 percent cotton, 42 percent polyester and 3 percent spandex woven fabric. The strapless garment is cut straight across the top edge and extends from the top of the bust to the waist. It has a back zipper closure.

The applicable subheading for style 5118 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 5118 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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