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NY K85989




June 17, 2004

CLA-2-62:RR:NC:N3:360 K85989

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081, 6211.43.0091

Ms. Fay Ann Sicari
Import Manager
Kandy Kiss of California
13931 Balboa
Sylmar, CA 91342

RE: The tariff classification of women's upper body garments from the Philippines, Macau, Sri Lanka and/or Cambodia

Dear Ms. Sicari:

In your letter dated May 17 2004, you requested a ruling on tariff classification.

The submitted sample, style S605601, is a women’s upper body garment constructed from an outer shell of 100 percent polyester woven fabric. The garment, which extends below the waist, features a shaped front neckline, spaghetti shoulder straps, a 100% polyester lining and a tiered outer surface. The top back edge is cut straight across from side seam to side seam. You have also indicated that the garment will be imported with an outer shell in chief weight of cotton.

The applicable subheading for style S605601, when imported in chief weight of man-made fibers, 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.

The applicable subheading for style S605601, when imported in chief weight of cotton, 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 S605601, when imported in chief weight of man-made fibers, falls within textile category designation 659. When style S605601 is imported in chief weight of cotton it falls within textile category designation 359. Based upon international textile trade agreements products of the Philippines, Macau, Sri Lanka and/or Cambodia are and the requirement of a visa. Products of the Philippines and Macau are also subject to quota restraints.

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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