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NY L88853




December 5, 2005

CLA-2-62:RR:NC:N3:360 L88853

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.9090

Ms. Mary Kornowske
Sweetface Fashion Company, LLC
1071 Avenue of the Americas
5th Floor
New York, NY 10018

RE: The tariff classification of a woman’s one-piece garment from China

Dear Ms. Kornowske:

In your letter dated November 14, 2005, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style S6049191 is a woman’s one-piece garment, similar to a playsuit, which is constructed from 55 percent linen and 45 percent cotton woven fabric. The upper portion of the garment features a V-neckline that plunges to the waist and front panels that extend into a halter that is worn around the neck, leaving the entire back exposed. The lower portion features short legs with cuffs, a drawstring at the waist and side seam pockets. The garment provides insufficient coverage for wear without another outerwear garment and is not considered a playsuit for tariff purposes.

The applicable subheading for style S6049191 will be 6211.49.9090, 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 materials: other: other. The duty rate will be 7.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style S6049191 falls within textile category designation 859. 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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