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NY K84633




April 12, 2004

CLA-2-62:RR:NC:N3:360 K84633

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Maria E. Julia
Newport News, Inc.
711 Third Avenue
New York, NY 10017

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

Dear Ms. Julia:

In your letter dated March 24, 2004, you requested a ruling on tariff classification. The submitted sample will be returned to you as requested.

Style F04-14-036, which you describe as a poncho, is a woman’s upper body garment constructed from 100 percent polyester woven georgette fabric. The pullover garment features a V-neckline and is triangular in shape. The garment has no armholes and hangs loosely from the shoulders.

The applicable subheading for style F04-14-036 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 garments, women’s or girls’: of man-made fibers: other. The rate of duty will be 16 percent ad valorem.

Style F04-14-036 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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