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NY K87432




July 22, 2004

CLA-2-62:RR:NC:N3:360 K87432

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Yvonne M.W. Richardson
The Millwork Trading Co., Ltd.
1372 Broadway
2nd Floor
New York, NY 10018

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

Dear Ms. Richardson:

In your letter dated July 2, 2004, you requested a ruling on tariff classification. The submitted sample will be returned to you as requested.

Style 8580 is a woman’s upper body garment constructed from 100 percent polyester woven fabric. The garment features a mock, wrap front that creates a plunging neckline; a covered, elasticized waistband; and batwing sleeves without any tightening at the wrists. While the sleeves cover the outer surface of the arms, the arm opening extends from the shoulders to the waistband, exposing the sides of the wearer when the arm is lifted.

The applicable subheading for style 8580 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 8580 falls within textile category designation 659. Based upon international textile trade agreements products of Indonesia 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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