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NY L85769





July 7, 2005

CLA-2-62:RR:NC:N3:360 L85769

CATEGORY: CLASSIFICATION

TARIFF NO.: 62.11.49.1090

Ms. Ramona G. Huskey
Oxford Industries Inc.
Women’s Wear Division/Sourcing and Services 202 Hyatt Street
Gaffney, SC 29341

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

Dear Ms. Huskey:

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

Style 2041 is a woman’s upper body garment constructed from 95 percent silk and 5 percent spandex woven fabric. The garment features a V-neckline, adjustable ¼ inch wide shoulder straps and a partial back opening secured by four button and loop closures. The top back edge is cut straight across from side seam to side seam.

Style 2039 is a woman’s upper body garment constructed from 95 percent silk and 5 percent spandex woven fabric. The garment features a V-neckline and adjustable shoulder straps. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for both garments 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 fibers: containing 70 percent or more by weight of silk or silk waste: other. The duty rate will be 1.2 percent ad valorem.

Both styles fall 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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