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NY I87670





November 21, 2002

CLA-2-62:RR:NC:N3:360 I87670

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6211.43.0091

Ms. Melissa Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a women's upper body garments from China

Dear Ms. Weiss:

In your letter dated November 6, 2002, you requested a tariff classification ruling on behalf of Norton McNaughton, Inc.

The submitted sample, style KVI, consists of a blouse and an other upper body garment constructed from 100 percent polyester woven fabric. The blouse features long sleeves with vents, a round neckline with a partial front opening secured by a hook and eye closure, side vents and smocking at the center back. The second garment features a V-neckline, spaghetti straps and side vents. The back top edge is cut straight across from side seam to side seam.

The applicable subheading for the blouse will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The rate of duty will be 27.2 percent ad valorem.

The applicable subheading for 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 16.2 percent ad valorem.

The blouse falls within textile category designation 641 and the upper body garment falls within textile category designation 659. Based upon international textile trade agreements products of China 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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