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NY K88065




August 16, 2004

CLA-2-62:RR:NC:N3:360 K88065

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.10.0040; 6114.30.1020

Ms. Mary Kornowske
Sweetface Fashion Company, LLC
1071 Avenue of the Americas
5th Floor
New York, NY 10018

RE: The tariff classification of a woman's blouse and tube top from China

Dear Ms. Kornowske:

In your letter dated July 21, 2004, you requested a ruling on tariff classification.

The submitted sample, style J4106122/L4106122, consists of a woman’s blouse and tube top. The blouse is composed of knit and woven components. The collar is constructed from 95 percent rayon and 5 percent spandex knitted fabric and the remainder of the blouse is constructed from 100 percent silk woven fabric. The blouse extends to the waist and features a cowl neck and long sleeves. The tube top is constructed from 95 percent rayon and 5 percent spandex knitted fabric. The coverage extends from the bust to above the waist. The garments are attached together at the side seams but can be separated without damage to either garment.

The applicable subheading for the blouse will be 6206.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of silk or silk waste: other: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 6.9 percent ad valorem.

The applicable subheading for the tube top will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: tops: women’s or girls’. The rate of duty will be 28.2 percent ad valorem.

The blouse falls within textile category designation 741 and the tube top falls within textile category designation 639. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa. Products that fall within category 741 are not currently subject to quota restraints or a visa requirement.

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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