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NY K88077




July 30, 2004
CLA-2-62:RR:NC:N3:360 K88077

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Barbara Moore
The Janel Group of New York, Inc.
150-14 132nd Avenue
Jamaica, NY 11434

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

Dear Ms. Moore:

In your letter dated July 21, 2004, you requested a classification ruling on behalf of Jeanne Lu. The sample you submitted will be returned as requested.

Style Blue Flower is a women’s upper body garment made from 100 percent polyester woven printed fabric. The pullover garment, which you describe as a poncho, is rectangular in shape and is approximately 22 inches by 47 inches. There is an opening in the center to go over the wearer’s head. The garment has no armholes and hangs loosely from the shoulders, reaching the waist and covering the elbows.

The applicable subheading for style Blue Flower 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. The duty rate will be 16 percent ad valorem.

Style Blue Flower falls within textile category designation 659. Based upon international textile trade agreements products of China 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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