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NY K82996





February 25, 2004

CLA-2-62:RR:NC:N3:360 K82996

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056

Ms. Jessica Day
Donald Wesley Jay
19227 72nd Avenue S.
Kent, WA 98032

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

Dear Ms. Day:

In your letter dated January 30, 2004, you requested a tariff classification ruling on behalf of Shah Safari, Inc.

All of the submitted samples are women’s tank-styled upper body garments constructed from 100 percent cotton woven fabric.

Style 5925/5927 features a shaped front neckline, adjustable shoulder straps, a left side opening secured by five button closures, pintucks on the center bodice and beaded crocheted trim around the front top edge and left bottom hem.

Style 5929/5930 features a V-neckline, adjustable shoulder straps, right side vent and a left side opening secured by five button closures. The front tope edge, neckline and bottom front have a beaded crocheted trim.

Style 5932/5933 features a crossover V-neckline, adjustable shoulder straps, a left side opening secured by five button closures, a right side vent. The front neckline has a beaded crocheted trim.

Style 5935/5936 features a V-neckline, adjustable shoulder straps, pintucks on the front panel, a left side opening secured by six button closures and beaded trim along the top front edge and bodice.

Style 5477 features a shaped front neckline with a drawstring, a full front opening secured by 10 buttons, side vents and measures 3 inches at the shoulders.

The applicable subheading for all garments 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, shirt and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: other. The rate of duty will be 8.1 percent ad valorem.

All garments fall within textile category designation 341. 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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