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NY M86135




September 12, 2006

CLA-2-62:RR:NC:N3:360 M86135

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Hanna Tsoi
Zinnia Clothes & Ornaments Co. Ltd.
Flat A, 1/F, Hang Cheong Fty., Bldg.
1 Wing Ming Street
Cheung Sha Wan, KLN
Hong Kong

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

Dear Ms. Tsoi:

In your letter dated August 22, 2006, you requested a classification ruling.

The submitted sample, style 393X417 is a women’s upper body garment made from knitted and woven fabric. Both fabrics are of 100% cotton. The baby-doll styled garment extends to the hips in the back but does not reach the waist in front. Five buttons in the bust area secure the garment leaving it open from the below the bust to the bottom. The ¾ length sleeves, bust area and upper back are of the knitted fabric. The embroidered woven fabric comprises the remainder of the garment and imparts the essential character to the garment.

The applicable subheading for style 393X417 will be 6211.42.0081 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, of cotton. 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 393X417 falls within textile category 359. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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