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NY M81706




March 30, 2006

CLA-2-62:RR:NC:N3:360 M81706

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1090

Mr. Stephen M. Zelman
Stephen M Zelman & Associates
888 Seventh Avenue
Suite 4500
New York, NY 10106

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

Dear Mr. Zelman:

In your letter dated March 2, 2006, you requested a tariff classification ruling on behalf of Elie Tahari, Ltd. The submitted sample will be returned to you as requested.

Style EG195706 is a woman’s upper body garment constructed from a crinkle chiffon woven ground fabric of 100 percent silk that is covered with 100% polyester embroidery yarn. The garment is sleeveless and features an unsecured full front opening. The garment does not reach the waist.

You have described the manufacturing process indicating that the embroidery layout is outlined on a fusible plastic material. The silk fabric is placed over this and is embroidered with the polyester threads. The ground fabric is then trimmed from the edges and with certain exceptions from the interior between the embroidery. In certain areas the ground fabric remains. The fabric is then put in water or heated, which dissolves the fusible material and leaves the embroidered fabric, woven silk covered by polyester yarn or woven silk alone in certain areas. The fabric is then sewn together to form the finished garment.

You indicate that the ground fabric is made from silk and the embroidery is made from polyester. In referring to products of Chapters 56 to 63, Section XI subheading note 2(B)(c) states in part that “In the case of embroidery of heading 5810 only the ground fabric shall be taken into account. “ Because the ground fabric is retained after embroidery, this item will be classified by the silk ground fabric. The applicable subheading for style EG195706 will be 6211.49.1090, 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 other textile materials: containing 70 percent or more of silk or silk waste: other. The duty rate will be 1.2 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 EG195706 falls within textile category designation 759. 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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