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NY K80566




November 26, 2003

CLA-2-62:RR:NC:N3:360 K80566

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056

Mr. Anthony LoPresti
S.J. Stile Associates LTD.
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. LoPresti:

In your letter dated November 7, 2003, you requested a tariff classification ruling on behalf of Item Eyes Inc.

The submitted sample, style 41268MY, is a woman’s blouse constructed from 60 percent cotton, 37 percent polyester and 3 percent spandex woven fabric. The blouse features ¾ length sleeves with vents, a notched collar, two pockets below the waist and a full front opening secured by four buttons.

In your letter you suggest classification under subheading 6206.30.3040, HTS. Style 41268MY however, due to the presence of pockets below the waist, is precluded from classification under heading 6206, HTS. The garment is properly classified under 6211.42.0056.

The applicable subheading for style 41268MY will be 6211.42.0056, 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: other. The rate of duty will be 8.2 percent ad valorem.

Style 41268MY 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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