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NY E89970




November 26, 1999

CLA-2-62:RR:NC:360 E89970

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

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

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

Dear Mr. Vollmerhausen:

In your letter dated November 16, 1999, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 7452 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a square front neckline, ½ inch wide adjustable shoulder straps and embroidery and decorative trim around the front arm openings and neckline. The garment has an elasticized bottom with a self-fabric tie and the top back edge is cut straight from side seam to side seam.

Style 7451 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a square neckline, 1/8-inch wide shoulder straps, side vents and pintucks and embroidery on the front panel. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for both styles 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.

Both styles fall within textile category designation 359. Based upon international textile trade agreements products of Hong Kong 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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