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NY J83967





May 7, 2003

CLA-2-62:RR:NC:N3:360 J83967

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.30.3010, 6211.42.0081

Ms. Kim Whitfield
Barthco International, Inc.
390 Franklin Avenue
Franklin Square, NY 11010

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

Dear Ms. Whitfield:

In your letter dated April 30, 2003, you requested a tariff classification ruling on behalf of Wooliston Apparel. The samples submitted with your request will be returned to you under separate cover.

Style 4283GS is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment is tube-like with an elasticized top edge, side vents and adjustable shoulder straps.

Style 7560 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a V-neckline, adjustable shoulder straps, side vents and a full back opening secured by twelve button and loop closures. The top back edge is cut straight across from side seam to side seam.

Style 7551 is a woman’s shirt constructed from 100 percent cotton woven fabric. The shirt features long sleeves with buttoned cuffs, a collar, one chest pocket and a full front opening secured by six buttons which close left over right.

The direction of closure on the submitted sample is that which are commonly used on men’s garments. Note 8 to Chapter 62, HTS, states: “garments of this chapter designed for left over right closure at the front shall be regarded as men’s or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.” As this garment has a left over right closure, the presumption is that the garment will be for men. However, it is clear that based on the cut of the garment that it was designed for women. Therefore, the garment will be classified as a women’s garment.

The applicable subheading for styles 4283GS and 7560 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 7551 will be 6206.30.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts or shirt blouses: of cotton: other: other: with two or more colors in the warp and/or the filling: women’s. The rate of duty will be 15.5 percent ad valorem.

Styles 4283GS and 7560 fall within textile category designation 359 and style 7551 falls within textile category designation 341. 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 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.).

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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