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NY M85648




August 09, 2006

CLA-2-62:RR:NC:N3:360 M85648

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Anthony LoPresti
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of women’s upper body garments from China

Dear Mr. LoPresti:

In your letter dated August 1, 2006, you requested a classification ruling on behalf of MSB International Ltd.

Style 55554 consists of two garments: a woman’s camisole and an upper body garment both constructed from 100 percent polyester woven fabric. The pullover features short sleeves, a deep V-neckline and a side zipper closure. The camisole features a V-neckline and shoulder straps. The top back edge is cut straight across from side seam to side seam. The garments are attached at the shoulders by means of a thread loop. The garments can be separated without damage to either garment, and are therefore separately classifiable. The pullover garment provides insufficient coverage for wear without another outerwear garment. The lack of a rear neckline and the insufficient coverage of the pullover remove both garments from consideration as blouses.

The applicable subheading for both garments 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/.

Both garments fall 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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