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NY J88435





October 7, 2003

CLA-2-62:RR:NC:N3:360 J88435

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054

Ms. Peggy Montonera
Sears, Roebuck and Company
3333 Beverly Road D5-257BA
Hoffman Estates, IL 60179

RE: The tariff classification of a woman's shirt from Sri Lanka

Dear Ms. Montonera:

In your letter dated September 5, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style 64127 is a woman’s shirt constructed from 80 percent cotton, 18 percent polyester and 2 percent spandex woven fabric. The shirt features long sleeves with buttoned cuffs, a collar, two pockets below the waist and a full front opening secured by five buttons.

In your letter you suggest classification under subheading 6211.42.0075, HTS, as a jacket-like garment. The hybrid garment, however, is properly classified as a shirt under subheading 6211.42.0054, HTS, because it lacks the characteristics of garments classifiable under the subheading you proposed.

The applicable subheading for style 64127 will be 6211.42.0054, 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: 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 64127 falls within textile category designation 341. Based upon international textile trade agreements products of Sri Lanka 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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