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NY K82609




February 13, 2004

CLA-2-62:RR:NC:N3:360 K82609

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Philip M. Bauldree, CHB
Family Dollar Stores, Inc.
Post Office Box 1017
Charlotte, NC 28201-1017

RE: The tariff classification of women's upper body garment from Bangladesh

Dear Mr. Bauldree:

In your letter dated January 16, 2004 you requested a tariff classification.

The submitted sample, style DAF-488, is a women’s upper body garment composed of two types of woven fabric. The bust area and top portion of the back are made of 97% cotton and 3% spandex woven fabric and the remainder of the garment consists of 100% polyester georgette woven fabric. The pullover garment features shoulder straps approximately ½ inch in width, a tie-string at the bust, side slits and a hemmed bottom. The garment is cut straight across the top back edge from side seam to side seam.

As noted above, the garment is made up of two different types of 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 60% of the garment and provides the essential character. The garment therefore is considered to be of the woven polyester fabric.

The applicable subheading for style DAF-488 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers. The rate of duty will be 16 percent ad valorem.

Style DAF-488 falls within textile category designation 659. Based upon international textile trade agreements products of Bangladesh 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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