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NY F83091




February 29, 2000

CLA-2-62:RR:NC:TA:360 F83091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Sean Shire
Mossimo Inc.
2450 White Road
Second Floor
Irvine, CA 92614

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

Dear Mr. Shire:

In your letter dated January 26, 2000, you requested a classification ruling on two styles of women's upper body garments. The garments submitted with your request will be returned to you under separate cover.

Style W28958-1641 (1813) is made from 100 percent cotton woven fabric. The garment features shoulder straps that are approximately ½ inch in width, a V shaped front neckline and a rear zipper. The top back edge is cut across from side seam to side seam.

Style W28959-1642 (1836) is made from 100 percent cotton woven fabric. The abbreviated upper body garment does not extend to the waist nor does it provide any shoulder coverage. The garment is similar in styling to a tube top. The top edge of the front of the garment is curved and the bottom edge forms a V at the center; the rear of the garment has elasticized shirring.

The applicable subheading for both styles will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's garments of cotton. The duty rate will be 8.3 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 and the requirement of a visa.

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.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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