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NY K80867




December 19, 2003

CLA-2-62:RR:NC:N3:360 K80867

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Djbril Makalou
Import Manager
Ann Taylor
1372 Broadway - 5th Floor
New York, NY 10018

RE: The tariff classification of women's upper body garments from the Philippines

Dear Mr. Makalou:

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

Style 24-105189 is a women’s upper body garment constructed from 100 percent cotton woven fabric. The sleeveless garment features a v-shaped front neckline, shoulder straps approximately ¼ inch in width, a side zippered opening, a lined bust area and a hemmed bottom. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for style 24-105189 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. Effective January 1, 2004, the rate of duty will be 8.1 percent ad valorem.

Style 24-105189 falls within textile category designation 359. Based upon international textile trade agreements products of the Philippines 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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