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NY L89846




January 30, 2006

CLA-2-62:RR:NC:N3:360 L89846

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

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

Dear Mr. Stack:

In your letter dated January 10, 2006, you requested a tariff classification ruling on behalf of Item Eyes, Inc. The submitted sample will be returned to you as requested.

Style 43198K/43298K is a woman’s upper body garment constructed from 97 percent cotton and 3 percent spandex woven fabric. The garment features short sleeves, a notched collar and a full front opening secured by a one-button closure. The garment does not reach the waist.

The applicable subheading for style 43198K/43298K 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 43198K/43298K 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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