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NY J85727




June 27, 2003

CLA-2-62:RR:NC:N3:360 J85727

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109-2508

RE: The tariff classification of a woman's shirt from Hong Kong

Dear Mr. Lynch:

In your letter dated June 10, 2003, you requested a tariff classification ruling on behalf of Susan Bristol Inc. The sample submitted with your request will be returned to you under separate cover.

Style 1352977 is a woman’s shirt constructed from 97 percent cotton and 3 percent spandex woven fabric. The shirt features long sleeves with snap closures, a collar, a full front opening secured by five buttons and adjustable side tabs. The shirt is embellished with beading.

In your letter you suggest that this garment is classifiable under subheading 6211.42.0075, HTS. Style 1352977, however, is properly classified as a shirt under subheading 6211.42.0054, HTS. The garment is a hybrid garment possessing features of both a shirt and a jacket, but it does not possess sufficient features for classification as a jacket or jacket-type garment.

The applicable subheading for style 1352977 will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of cotton: 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.

Style 1352977 falls within textile category designation 341. Based upon international textile trade agreements products of 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 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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