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NY K80156




October 30, 2003

CLA-2-62:RR:NC:3:353 K80156

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061

Ms. Sarah Cullotta
Phoenix International Freight Services Ltd. 712 North Central
Wood Dale, IL 60191

RE: The tariff classification of a Cover Up from Malaysia.

Dear Ms. Cullotta:

In your undated letter received in this office on October 22, 2003, on behalf of Fromm International, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style 919 “Cover Up” is made of 100% nylon woven fabric. The garment features a full frontal opening with a five button left over right closure, 3/4 sleeves with hemmed cuffs, two patch pockets below the waist and a hemmed bottom with side vents. The garment reaches to the knee area of the wearer. This item is designed to be worn over clothes during beauty procedures that are performed in salons and spas. Therefore, the garment would not be classified under 6208.92.0010, HTS as stated by you. That provision provides for slips, underwear and pajamas, all garments worn next to the skin, this garment is worn over existing outer clothes. You also stated that the item may fall under 6211.43.0091, as a woman’s garment, which it does not. Chapter 62 note 8 states, “. . . left over right closures at the front shall be regarded as men’s or boys’ garments . . .”.

The applicable subheading for style 919 will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments; men’s or boys’: of man-made fibers, other. The duty rate will be 16.1 percent ad valorem.

Style 919 falls within textile category designation 659. Based upon international textile trade agreements products of Malaysia 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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