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NY K82268




January 27, 2004

CLA-2-62:RR:NC:N3:360 K82268

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Ralph Natale
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a woman's halter-top from India

Dear Mr. Natale:

In your letter dated January 5, 2004, you requested a tariff classification ruling on behalf of Alarmex Holdings Inc.

The submitted sample, style 0793, is a woman’s halter-top composed of two different woven fabrics. The bust area and three inches of the back are constructed from 97 percent cotton and 3 percent spandex denim while the remainder of the garment is constructed from 100 percent polyester printed georgette. The garment extends to below the waist and does not provide coverage of the upper back and shoulders. The halter features a V-neckline with suede laces that fasten at the back of the neck and an asymmetrical bottom at the front.

As noted above, the garment is made up of two different types of woven fabric. Such garments are considered a composite good, and based upon GRI 3(b) classified by the component that provides the essential character. In this case, the polyester fabric comprises over 60% of the surface area and therefore imparts the essential character.

The applicable subheading for style 0793 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garment, women’s or girls’: of man-made fibers: other. The rate of duty will be 16 percent ad valorem.

Style 0793 falls within textile category designation 659. Based upon international textile trade agreements products of India 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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