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NY I86516





October 23, 2002

CLA-2-62:RR:NC:N3: 360 I86516

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Hilda L. Fontecchio
V. Alexander & Co., Inc.
3286 North Park Boulevard
Suite D
Alcoa, TN 37701-3255

RE: The tariff classification of women's upper body garments from Cambodia, Hong Kong and Macau

Dear Ms. Fontecchio:

In your letter dated September 25, 2002, you requested a tariff classification ruling on behalf of Goody's Family Clothing, Inc. The samples submitted with your request will be returned to you under separate cover.

Style 1578178YD is a woman’s upper body garment constructed from 96 percent cotton and 4 percent spandex woven fabric. The garment is sleeveless and features a scooped neckline and 1 ¾ inch wide shoulder straps. The back extends down 4 inches and has a two button closure. The rest of the back is cut away and has a self-fabric tie. The garment does not reach the waist in the back.

Style 1571140 is a woman’s halter top constructed from 96 percent cotton and 4 percent spandex woven fabric. The garment features a shaped front neckline, one adjustable shoulder strap and a side zipper closure. The garment provides insufficient shoulder coverage.

Style 1571145 is a woman’s halter top constructed from 97 percent cotton and 3 percent spandex woven fabric. The garment features a shaped front neckline, self-fabric ties that fasten at the neck and a back zipper closure. The garment provides insufficient shoulder coverage.

Style 1571141 is a woman’s halter top constructed from 100 percent cotton woven fabric. The garment features a round neckline with ties that fasten at the neck, elasticized top back edge and an overlay on the midriff embellished with lace and embroidery.

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

All styles fall within textile category designation 359. Based upon international textile trade agreements products of Hong Kong and Macau are currently subject to quota restraints and the requirement of a visa. Products from Cambodia are currently not subject to quota restraints but are subject to 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.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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