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NY L86678




August 31, 2005

CLA-2-62:RR:NC:N3:360 L86678

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Patrick Pascarella
Sea Air & Land Logistics
57 Doxbury Lane
Suffern, NY 10901

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

Dear Mr. Pascarella:

In your letter dated August 3, 2005, you requested a tariff classification ruling on behalf of Presidio International, Inc. The submitted sample will be returned to you as requested.

Style W5C932 is a woman’s upper body garment constructed from woven fabrics of different fiber compositions. The fabric of the upper portion, representing the bust and a band, approximately 2½ inches wide sewn across the back top edge, is 100 percent silk. The back panel consists of 100% cotton and the front consists of three panels: two side panels of 52% nylon and 48% acetate and the center front panel of 100% cotton. The garment features a V-neckline, a side zipper closure and spaghetti straps that crisscross at the rear. The top back edge is cut straight across from side seam to side seam.

As noted above, the garment is made up of different types of woven fabric. Such garments are considered a composite good, and based upon GRI 3(b) classified by the component that provides the essential character. In this case, the fabric in chief weight of cotton, which comprises over 60% of the surface area, provides the essential character.

The applicable subheading for style W5C932 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments, women’s or girls’: of cotton: other. The duty rate will be 8.1 percent ad valorem.

Style W5C932 falls within textile category designation 359. 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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