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NY L89040





December 21, 2005

CLA-2-62:RR:NC:N3:360 L89040

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.9050

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 shirt from China

Dear Mr. Stack:

In your letter dated December 5, 2005, you requested a tariff classification ruling on behalf of Item Eyes, Inc. The submitted sample will be returned to you as requested.

Style 43237MO is a women’s shirt constructed from 55% linen, 42% rayon and 3% spandex woven fabric. The shirt features a notched collar, a full front opening with four buttons, patch pockets with flap closures below the waist, side slits and long sleeves with slits. The garment extends below the waist and is generously sized.

The applicable subheading for the shirt will be 6211.49.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits ands swimwear; other garments: other garments, women’s or girls’: of other textile materials: other, blouses, shirts and shirt-blousesexcluded from heading 6206. The duty rate will be 7.3 percent ad valorem.

The shirt falls within textile category designation 840. 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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