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NY L89769




January 30, 2006

CLA-2-62:RR:NC:N3:360 L89769

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Andre Ryu
Import Manager
Wicked Fashion Inc.
222 Bridge Plaza South
Fort Lee, NJ 07024

RE: The tariff classification of a woman’s halter-top from Hong Kong

Dear Mr. Ryu:

In your letter dated January 10, 2006, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style 5123-3552 is a woman’s halter-top constructed from 90 percent cotton and 10 percent spandex woven fabric. The garment features a V-neckline, straps that fasten at the back of the neck, an empire waist and a back zipper closure. The garment does not provide sufficient coverage of the shoulders and upper back.

The applicable subheading for the halter-top will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTSUS), 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 5123-3552 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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