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NY I88714




December 13, 2002

CLA-2-62:RR:NC:N3:360 I88714

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054; 6110.30.3055

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

RE: The tariff classification of women's upper body garments from China and Hong Kong.

Dear Ms. Weiss:

In your letter dated December 5, 2002, you requested a tariff classification ruling on behalf of Jones Apparel Group. The samples submitted with your request will be returned to you under separate cover.

Style W21380388 is a woman’s upper body garment constructed from 55 percent rayon and 45 percent nylon knit fabric. The garment features long sleeves, a notched collar, shoulder pads and a full front opening secured by four buttons.

Style W3JD4E837 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a shaped front neckline with a partial opening secured by three button and loop closures, spaghetti straps and a side zipper. The front and back necklines have a ruffled trim.

Style W3J97E837 is a woman’s upper body garment constructed from 98 percent cotton and 2 percent spandex woven fabric. The garment is identical in styling to the above.

The applicable subheading for style W21380388 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: women’s or girls’. The rate of duty will be 32.4 percent ad valorem. Effective January 1, 2003, the duty rate will be 32.2 percent ad valorem.

The applicable subheading for styles W3JD4E837 and W3J97E837 will be 6211.42.0054, 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’: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: with two or more colors in the warp and/or the filling. The rate of duty will be 8.2 percent ad valorem. Effective January 1, 2003, the rate of duty remains unchanged.

Style W21380388 falls within textile category designation 639 and styles W3JD4E837 and W3J97E837 341 fall within textile category designation 341. Based upon international textile trade agreements products of China and 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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