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NY M85245




July 31, 2006

CLA-2-62:RR:NC:N3:360 M85245

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Melissa Fox
Barthco International Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Ms. Fox:

In your letter dated July 18, 2006, you requested a classification ruling on behalf of Jones Apparel Group. The submitted sample will be returned to you as requested.

Style EW7355089C is a woman’s upper body garment constructed from 100 percent polyester woven fabric. The garment features a V-neckline, an empire waist with a self-fabric tie , spaghetti straps and a side zipper closure. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for style EW7355089C will be 6211.43.0091 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 man-made fibers: other. The duty rate will be 16 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 EW7355089C falls within textile category designation 659. 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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