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NY I86011





September 16, 2002

CLA-2-62:RR:NC:N3: 360 I86011

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. John A. Ellefson
Bluestar Imports L.P.
150 Thorn Hill Road
Warrendale, PA 15086

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

Dear Mr. Ellefson:

In your letter dated September 3, 2002, you requested a tariff classification ruling on behalf of American Eagle Outfitters, Inc. The sample submitted with your request will be returned to you under separate cover.

Style 5710 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features short V-neckline with a self-fabric tie, 1 1/8-inch wide shoulder straps and side vents. The front top edge is shirred. The back top edge is cut straight across from side seam to side seam.

The applicable subheading for style 5710 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 rate of duty will be 8.2 percent ad valorem.

Style 5710 falls within textile category designation 359. 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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