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NY I89795





February 4, 2003

CLA-2-62:RR:NC:N3:360 I89795

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6211.43.0091

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

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

Dear Ms. Weiss:

In your letter dated January 9, 2003, you requested a tariff classification ruling on behalf of Norton McNaughton, Inc. The samples submitted with your request will be returned to you under separate cover.

The submitted sample, style OKU-ZEA, is a woman’s blouse constructed from 100 percent nylon knitted fabric with more than 10 stitches per cm in both directions. The garment features a crocheted high neck, long sleeves with crocheted overlay at the hem, crocheted inserts on the front panel, embroidery on the bodice, a partial back opening secured by three button and loop closures and a crocheted trim at the hem.

The submitted sample, style IDG-ZEA, is a woman’s top constructed from 100 percent polyester woven fabric. The garment features a shaped front neckline, spaghetti straps and a straight hemmed bottom. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for style OKU-ZEA will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s blouses, knitted: of man-made fibers. The rate of duty will be 32.3 percent ad valorem.

The applicable subheading for style IDG-ZEA will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers: other. The rate of duty will be 16.1 percent ad valorem.

Style OKU-ZEA falls within textile category designation 639 and style IDG-ZEA falls within textile category designation 659. Based upon international textile trade agreements products of India 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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