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NY J88288




September 17, 2003

CLA-2-62:RR:NC:N3:360 J88288

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Betty Coats
Customs Compliance Coordinator
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy MI 48084-3163

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

Dear Ms. Coats:

In your letter dated August 25, 2003, you requested a tariff classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 7769 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The pullover garment features a drawstring top edge at the front with a ruffle, side vents and adjustable shoulder straps, approximately ¼ of an inch in width. The garment extends to the waist and features embroidery on the front panel below the drawstring. The top back edge is cut straight across from side seam to side seam.

Style 7770 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a v-shaped front neckline with a ruffle at the bust, an elastic piece on the back panel at the waist, a side zipper and adjustable shoulder straps, approximately ¼ of an inch in width. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for styles 7769 and 7770 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.

Styles 7769 and 7770 fall within textile category designation 359. 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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