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NY L80755




December 6, 2004

CLA-2-62:RR:NC:N3:360 L80755

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Jessica Day
Donald Wesley Jay
19227 72nd Avenue, S.
Kent, WA 98032

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

Dear Ms. Day:

6tIn your letter dated November 11, 2004, you requested a tariff classification ruling on behalf of Shah Safari, Inc.

The submitted sample, style 1568, is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a smocked bodice and short sleeves, an empire waist with decorative trim and a self-fabric flower at the waist. The front and back necklines are cut straight across from side seam to side seam.

The applicable subheading for style 1568 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 1568 falls within textile category designation 359. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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