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NY N003192




November 22, 2006

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 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 November 8, 2006, you requested a classification ruling on behalf of MSB International Ltd.

Submitted sample, style 55561, consists of two garments: a woman’s camisole and a blouse both constructed from 100 percent polyester woven fabric. The blouse features long sleeves, a V-neckline, a ruffled collar that extends down the front opening and a full front opening secured by five button and loop closures. The front panels have a lace overlay along the front opening. The camisole features a V-neckline and adjustable shoulder straps. The top back edge is cut straight across from side seam to side seam. The garments are attached at the shoulder seams by means of a thread loop. The garments can be separated without damage to either garment and are therefore separately classifiable.

Submitted sample, style 55565P, consists of two garments: a woman’s camisole and an upper body garment both constructed from 100 percent polyester woven fabric. The camisole features a V-neckline, 1 ½ inch wide shoulder straps, an empire waist and a full lining. The upper body garment features ¾ length sleeves, a full front opening secured by a self-fabric drawstring tie at the waist. The garment also has beading along the front opening. The garments are attached at the shoulder seams by means of a thread loop. The garments can be separated without damage to either garment and are therefore separately classifiable.

The applicable subheading for the blouse of style 55561 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: other: women’s. The duty rate will be 26.9 percent ad valorem.

The applicable subheading for the camisoles and the upper body garment of styles 55561 and 55565P 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/.

The camisoles and the upper body garment fall within textile category 659 and the blouse falls within textile category designation 641. 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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