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NY L85065




June 14, 2005

CLA-2-62:RR:NC:N3:360 L85065

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Jean Gong
McNaughton Apparel Group
498 Seventh Avenue
9th Floor
New York, NY 10018

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

Dear Ms. Gong:

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

Style CRNFIN is a woman’s upper body garment constructed from 100 percent polyester woven fabric. The garment features a V-neckline, an empire waist with a self-fabric tie, ¼ inch wide adjustable shoulder straps, a side zipper closure and a lining. The garment is embellished with beading. The top back edge is cut straight across from side seam to side seam.

You have proposed classification of this garment under subheading 6211.43.0060, HTS, which provides for blouses excluded from heading 6206, HTS. This upper body garment lacks a defined rear neckline, one of the definable characteristics of a blouse, and is correctly classifiable in the residual subheading of 6211, HTS.

The applicable subheading for style CRNFIN will be 6211.43.0091, 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 man-made fibers: other. The duty rate will be 16 percent ad valorem.

Style CRNFIN 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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