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NY L85052




June 9, 2005

CLA-2-62:RR:NC:N3:360 L85052

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1090

Ms. Yvonne M. Whitley
The Millwork Trading Co., Ltd.
1372 Broadway
2nd Floor
New York, NY 10018

RE: The tariff classification of a woman’s upper body garment from China

Dear Ms. Whitley:

In your letter dated May 20, 2005, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style 03102 is a woman’s upper body garment constructed from 100 percent silk woven fabric. The pullover garment is sleeveless and features a deep V-neckline that extends below the bust and a side zipper closure. The garment also features jersey knit fabric at the bottom, below the bust and around the neckline. The garment provides insufficient coverage to be worn alone.

The applicable subheading for style 03102 will be 6211.49.1090, 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 other textile materials: containing 70 percent or more by weight of silk or silk waste: other. The duty rate will be 1.2 percent ad valorem.

Style 03102 falls within textile category designation 759. 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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