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NY I88276





November 21, 2002

CLA-2-62:RR:NC:N3:360 I88276

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Lyn Antunes
Norman Krieger, Inc.
5761 W. Imperial Highway
Los Angeles, CA 90045

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

Dear Ms. Antunes:

In your letter dated November 5, 2002, you requested a tariff classification ruling on behalf of Charlotte Russe Inc.

The submitted sample, style IT023, is a woman’s upper body garment constructed from 98 percent cotton and 2 percent spandex woven fabric. The garment extends from the top of the bust to the waist and has side vents, an elasticized top back edge and self-fabric ties that fasten in the back. The garment does not cover the shoulders and the upper back.

The applicable subheading for style IT023 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 IT023 falls within textile category designation 359. 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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