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NY F84369




April 18, 2000

CLA-2-62:RR:NC:TA: 360 F84369

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 6211.49.1080; 6114.20.0010

Ms. Lisa Ragan
Lisa Ragan Customs Brokerage
795 Terrell Mill Road
Suite 207
College Park, GA 30349

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

Dear Ms. Ragan:

In your letter dated March 20, 2000, you requested a classification ruling on behalf of Tibi Hyland.

The submitted sample, style 8017, is a woman’s top constructed from 95 percent cotton and 5 percent spandex knitted fabric. The garment features one panel that extends around to the back and fastens at the waist and around the neck with self-fabric ties. The garment leaves the back bare between the neck and waist.

The submitted sample, style 6123-10, is a woman’s upper body garment constructed from 100 percent silk woven fabric. The garment features a square neckline, a full lining and ¾ inch wide shoulder straps. The wrap-style back panels are secured by buttons and have self-fabric ties that tie in the front.

The submitted sample, style 61, is a woman’s upper body garment constructed from 95 percent cotton and 5 percent spandex woven fabric. The garment is identical in styling to style 6123-10.

The submitted sample, style 51, is a woman’s upper body garment constructed from 100 percent silk woven fabric. The garment features one panel that extends to the back and is fastened with ribbon at the upper and lower back. The garment also has a chain that is attached to the front and goes around the neck.

The applicable subheading for style 8017 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of cotton: tops: women’s or girls’. The duty rate will be 11.1 percent ad valorem.

The applicable subheading for styles 6123-10 and 51 will be 6211.49.1090, 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 by weight of silk or silk waste: other. The duty rate will be 3.8 percent ad valorem.

The applicable subheading for style 61 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 8017 falls within textile category designation 339; styles 6123-10 and 51 fall within textile category designation 759 and style 61 falls within textile category designation 359. Based upon international textile trade agreements products of China and Hong Kong are subject to quota restraints and a visa requirement. Silk products from China are currently not subject to a visa requirement or quota restraints.

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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