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NY K84349




April 7, 2004

CLA-2-62:RR:NC:N3:360 K84349

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman's upper body garment from China.

Dear Mr. Hoffacker:

In your letter dated March 12, 2004, you requested a tariff classification ruling on behalf of Tellas Ltd. The submitted sample will be returned to you as requested.

Style S41WQ650 is a woman’s upper body garment constructed from 95 percent cotton and 5 percent spandex woven fabric. The garment features a lace trimmed V-neckline, spaghetti straps and a side zipper closure. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for style S41WQ650 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.

Style S41WQ650 falls 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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