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NY K87272





July 1, 2004

CLA-2-62:RR:NC:N3:360 K87272

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Patrick Pascarella
Viking Sea/Air Freight Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

RE: The tariff classification of a woman's halter-top from China

Dear Mr. Pascarella:

In your letter dated June 21, 2004, you requested a tariff classification ruling on behalf of Presidio International, Inc.

The submitted sample, style N5C912, is a woman’s halter-top constructed from 60 percent cotton, 35 percent nylon and 5 percent spandex woven fabric. The garment features a V-neckline, a collar, a side zipper closure, and self-fabric ties that fasten at the lower back. The garment provides insufficient coverage of the shoulders and upper back.

The applicable subheading for style N5C912 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 N5C912 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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