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NY L87135




September 22, 2005

CLA-2-62:RR:NC:N3:360 L87135

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

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

Dear Mr. Stack:

In your letter dated August 25, 2005, you requested a tariff classification ruling on behalf of Item Eyes, Inc. The submitted sample will be returned to you as requested.

Style M2006/M2006J is a women’s upper body garment made from 97% polyester/3% spandex woven fabric. The sleeveless pullover features a “V” shaped center front neckline with a lace overlay and a raw bottom edge finished with over lock stitching and overlaid with lace. The front shoulder straps are tightened by means of a wrap fabric (cinch) located approximately three to four inches below the shoulder. The bodice is lined and the lower front sections are pieced; the garment back is a single panel.

The applicable subheading for style M2006/M2006J will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers: blouses, shirts and shirt-blouses, sleeveless tank styles and similar garments, excluded from heading 6206. The duty rate will be 16 percent ad valorem.

Style M2006/M2006J within textile category designation 641. 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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