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NY L82312




February 17, 2005

CLA-2-62:RR:NC:N3:360 L82312

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054 ; 6202.92.2061

Ms. Stacy Bauman
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a woman's shirt and jacket from Bangladesh

Dear Ms. Bauman:

In your letter dated February 1, 2005, you requested a tariff classification ruling on behalf of Dress Barn.

Submitted sample, style 46897, is a woman’s shirt constructed from 100 percent cotton woven denim fabric. The shirt features long sleeves with buttoned cuffs, a collar, two chest pockets with buttoned flaps, two pockets below the waist, a buttoned tab at the center back and a full front opening secured by eight buttons.

Submitted sample, style 46898, is a woman’s jacket constructed from 100 percent cotton woven denim fabric. The jacket features long hemmed sleeves, a hood, two pockets with flaps below the waist secured with a hook and loop closure, side vents and a full front opening secured by a zipper and hook and loop closures at the neck and hem.

The applicable subheading for style 46897 will be 6211.42.0054, 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: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: with two or more colors in the warp and/or the filling. The rate of duty will be 8.1 percent ad valorem.

The applicable subheading for style 46898 will be 6202.92.2061, Harmonized tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks ( including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204” anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of cotton: other: other: other: women’s. The rate of duty will be 8.9 percent ad valorem.

Style 46897 falls within textile category designation 341 and style 46898 falls within textile category designation 335. 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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