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NY K86652




July 7, 2004
CLA-2-62:RR:NC:N3:360 K86652

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Karen Yost
C Air International, Inc.
11222 S. La Cienega Boulevard
Suite 100
Inglewood, CA 90304

RE: The tariff classification of women’s upper body garments from Hong Kong

Dear Ms. Yost:

In your letter dated June 8, 2004, on behalf of AZ3 Inc., you requested a classification ruling. The submitted sample will be returned as requested.

Style CSN11440 is a women’s upper body garment made from 80% polyester and 20% spandex woven fabric. The front of the garment contains an additional panel of fabric sewn into the side seams and at the bottom made from 58% cotton, 39% rayon and 3% spandex net fabric. The garment extends to below the waist and is cut straight across the top back edge from side seam to side seam. The front of the garment below the netting features a shaped neckline. The garment also features non-adjustable shoulder straps made from knitted fabric approximately one inch in width embellished with rhinestones, a rear zipper with a hook and eye closure, flexible boning and a sewn on flower on the front.

As noted above, the garment consists of two different types of fabric. Such garments are considered a composite good, and based upon General Rule of Interpretation 3(b), classified by the component that provides the essential character. In this case, the fabric in chief weight of man-made fibers imparts the essential character to the garment.

The applicable subheading for style CSN11440 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

Style CSN11440 falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to quota 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. 177).

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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