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NY L87786




October 3, 2005

CLA-2-62:RR:NC:N3:360 L87786

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Melba R. Dairo
Macys Merchandising Group
11 Penn Plaza
New York, NY 10001

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

Dear Ms. Dairo:

In your letter dated September 21, 2005, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style 5D051 is a woman’s cropped upper body garment constructed from 98 percent cotton and 2 percent spandex woven fabric. The garment features short sleeves, a collar embellished with sequins, two chest pockets with buttoned flaps, a full front opening secured by four buttons and two adjustable tabs at the back bottom. The garment extends from the shoulders to below the bust and does not reach the waist.

The applicable subheading for style 5D051 will be 6211.42.0081, 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 cotton: other. The duty rate will be 8.1 percent ad valorem.

Style 5D051 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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