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NY I88347





November 29, 2002

CLA-2-62:RR:NC:N3:360 I88347

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 6211.43.0091

Ms. Stacy Weinberg Dieve
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
33rd Floor
New York, NY 10167-3367

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

Dear Ms. Weinberg Dieve:

In your letter dated November 15, 2002, you requested a tariff classification ruling on behalf of Great American Sweater Company. The samples submitted with your request will be returned to you under separate cover.

Style Z85L579 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment is sleeveless and features an elasticized scooped neckline with a non-functional self-fabric tie, and empire waist, a slit from the waist to the bottom and 2 1/4 inch wide shoulder straps. The arm openings are elasticized.

Style Z88SW297 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features an elasticized neckline with a non-functional self-fabric tie, short sleeves with elasticized hems and an elasticized bottom. The garment does not reach the waist.

Style ZT36 is a woman’s upper body garment constructed from 100 percent polyester woven fabric. The garment features a rounded neckline, spaghetti straps, scalloped bottom and a lining. The back top edge is cut straight across from side seam to side seam.

The applicable subheading for styles Z85L579 and Z88SW297 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.

The applicable subheading for style ZT36 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.

Styles Z85L579 and Z88SW297 fall within textile category designation 359 and style ZT36 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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