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NY L82574





March 15, 2005

CLA-2-61:RR:NC:3:353 L82574

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Cynthia Tindale
International Intimates, Inc.
180 Madison Avenue
7th Floor
New York, NY 10016

RE: The tariff classification of a textile accessory from Hong Kong or China.

Dear Ms. Tindale:

In your letter dated February 14, 2005, you requested a classification ruling. As requested the sample will be returned to you.

Your submitted sample, style VS5977 is a knit man-made fiber fabric clothing accessory. The item is triangular in shape measuring 28 inches long and 8 inches wide at the tip of the triangle. The item also features a sewn on thin elasticized band at the top and two18 inch long ribbon ties and a fringed bottom. The item is worn around the waist. You requested that the item be classified as a skirt. The item has insufficient coverage to be a skirt.

The applicable subheading for style VS5977 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted, knitted or crocheted parts of garments or of clothing accessories: other accessories: other: other, of man-made fibers: other. The rate of duty will be 14.6 percent ad valorem.

Style VS5977 falls within textile category designation 659. 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. 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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