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NY J83456





May 7, 2003

CLA-2-62:RR:NC:N3:360 J83456

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Cicki Wallertz
Newport News
711 Third Ave.
New York, NY 10019

RE: The tariff classification of women’s upper body garments from Hong Kong

Dear Ms. Wallertz:

In your letter dated April 15, 2003, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style F03-75-100 is a women’s upper body garment made from knitted and woven components. The entire front is made from 65% polyester and 35% poplin woven eyelet fabric while the sleeves and back are made from 92% cotton and 8% spandex knitted fabric. The pullover garment extends below the waist and features long hemmed sleeves and a shirttail bottom. The tops of the sleeves are elasticized and do not extend across the shoulders; thus the garment has no shoulder coverage or neckline treatment.

The woven component, which comprises the entire front of the garment, imparts the essential character of the garment. Therefore, the garment will be classified under the heading for women’s woven upper body garments under heading 6211, HTS, based upon General Rules of Interpretation 3(b).

The applicable subheading for style F03-75-100 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. The duty rate will be 16.1 percent ad valorem.

Style F03-75-100 falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to quota 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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