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NY I89331




January 15, 2003

CLA-2-62:RR:NC:N3:360 I89331

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Diane Burgos
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Ms. Burgos:

In your letter dated December 12, 2002, you requested a tariff classification ruling on behalf of Item Eyes, Inc. The sample submitted with your request will be returned to you under separate cover.

Style 43111 is a woman’s upper body garment constructed from 90 percent polyester and 10 percent spandex velvet woven fabric. The garment features long sleeves, a V-neckline, side vents and a full front opening secured by a self-fabric tie. The garment extends from the shoulder to the knee.

The applicable subheading for style 43111 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 16.1 percent ad valorem.

Style 43111 falls within textile category designation 659. Based upon international textile trade agreements products of China or 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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