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NY H81175




May 30, 2001

CLA-2-62:RR:NC:TA:360 H81175

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Derek Sakaguchi
Micom America
460 S. Hindry Avenue
Unit D
Inglewood, CA 90301

RE: The tariff classification of a woman's upper body garment from Hong Kong

Dear Mr. Sakaguchi:

In your letter dated May 2, 2001, you requested a tariff classification ruling on behalf of Bee Darlin', Inc. The sample submitted with your request will be returned to you under separate cover.

The submitted sample consists of a jacket, pants and upper body garment. You have indicated that you are interested in the classification of the upper body garment only. The style name or number is not available at this time. The upper body garment is constructed from 97 percent polyester and 3 percent spandex woven fabric. The garment features a shaped front neckline, spaghetti straps and a full back zipper closure. The top back edge is cut straight across from side seam to side seam.

The applicable subheading the upper body garment will be 6211.43.0091, 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 man-made fibers: other. The rate of duty will be 16.3 percent ad valorem.

The upper body garment falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are currently subject to quota restraints 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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