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NY K87254




July 12, 2004
CLA-2-61:RR:NC:WA:361 NY K87254

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.4020; 6211.43.0060

Mr. Djibril Makalou, Import Manager
Ann Taylor
1372 Broadway, 5th Floor
New York, NY 10018

RE: The tariff classification of women’s apparel from China.

Dear Mr. Djibril:

In your letter dated June 21, 2004, you requested a classification ruling for style 22-112761 (missy sizes), which will also be imported under style 21-112761 (petite sizes). As requested, the submitted sample will be returned.

Style 22-112761 is made up of two garments tacked together at the shoulders and under the arms. The outer garment is constructed from 100 percent nylon woven mesh fabric decorated with sequins. The inner garment is constructed from 85 percent silk, 15 percent cashmere knit fabric. The two garments are easily separable, thus the style is classified as two separate garments.

The outer portion of style 22-112761 is a tank styled blouse with one-inch shoulder straps, a U shaped neckline in front and back, and a plain, hemmed bottom. The inner portion of style 22-112761 is a tank top with one-inch shoulder straps, a U shaped neckline in front and back, and a tubular knit bottom.

The applicable subheading for the outer garment of style 22-112761 (as well as the outer garment of style 21-112761), will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, women’s or girls’: Of man-made fibers: Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 16% ad valorem.

The applicable subheading for the inner garment of style 22-112761 (as well as the inner garment of style 21-112761), will be 6109.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank topsknitted or crocheted: Containing 70 percent or more by weight of silk or silk waste: Women’s or girls’. The duty rate will be 2.6% ad valorem.

The outer portion of style 22-112761 (as well as the outer garment of style 21-112761) falls within textile category designation 641; the inner portion of style 22-112761 (as well as the inner garment of style 21-112761) falls within textile category designation 739. Based upon international textile trade agreements, category 641 from China is 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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