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NY M85400




August 17, 2006

CLA-2-62:RR:NC:N3:360 M85400

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1090

Ms. Melissa Fox
Barthco Trade Consultants
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 August 1, 2006, you requested a classification ruling on behalf of Jones Apparel Group. The submitted sample will be returned to you as requested.

Style CE440C040C is a woman’s upper body garment constructed from 100 percent silk woven fabric. The pullover garment features a shaped front neckline, 2 ¾ inch wide lace shoulder straps and a drawstring under the bust. The garment has lace trim at the hem, around the front and back neckline and on the bodice. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for style CE440C040C 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 by weight 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 CE440C040C 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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