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NY K82840




February 25, 2004

CLA-2-62:RR:NC:N3:360 K82840

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Nicholas Treppiedi
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, NY 11434

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

Dear Mr. Treppiedi:

In your letter received on February 4, 2004, you requested a tariff classification ruling on behalf of Wesmel Inc. The submitted sample will be returned to you as requested.

Style 5017 is a woman’s halter-top constructed from 100 percent cotton woven fabric. The garment features a V-neckline secured by a self-fabric tie, an adjustable strap that goes behind the neck and 3-inch lacing at the bottom back. The back top edge is elasticized and cut straight across from side seam to side seam. The garment provides insufficient coverage of the shoulders and upper back.

Style 5019 is a woman’s halter-top constructed from 100 percent cotton woven fabric. The garment features a shaped front V-neckline secured with a self-fabric tie, an adjustable strap that goes behind the neck and a left side zipper closure. The back top edge is elasticized and is cut straight across from side seam to side seam. The garment provides insufficient coverage of the shoulders and upper back.

Style 5028 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a V-neckline, adjustable shoulder straps, a left side zipper closure and a self-fabric tie belt in back. The back top edge is elasticized and is cut straight across from side seam to side seam. The garment provides insufficient coverage of the shoulders and upper back.

The applicable subheading for all garments 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 8.1 percent ad valorem.

All garments fall within textile category designation 359. Based upon international textile trade agreements products of China 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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