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NY L89292





December 28, 2005

CLA-2-62:RR:NC:N3:360 L89292

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Joanna Huang
American Public Co., Inc.
485 7th Ave. – Suite 800
New York, NY 10018

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

Dear Ms. Huang:

In your letter dated December 22, 2005, you requested a classification ruling. The sample submitted with your request will be returned as requested.

Style 3857 is a women’s upper body garment constructed from either 98 percent cotton and 2 percent spandex or 80 percent cotton and 20 percent polyester woven fabric. The garment features a V-shaped front neckline, a shaped bust area, adjustable shoulder straps that measure approximately 1½ inches, a side zipper closure and lace trim at the top edge. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for style 3857 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.

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 3857 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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