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NY N011851





June 14, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030, 6104.53.2010

Mr. Gazitua
Supreme International, LLC.
3000 NW 107th Avenue
Miami, Florida 33172

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

Dear Mr. Gazitua:

In your letter dated May 22, 2007 you requested a classification ruling.

Style T8SS3209 is a woman’s beach robe constructed of 100 percent polyester mesh knit fabric. The garment is loose fitting and extends from the shoulder to the mid-thigh. It features a see through open-work knit construction which fails to conceal undergarments, a V- shaped partial front opening with a tie closure and long sleeves with woven cuffs. Based on the physical characteristics of the garment, the garment is considered a beach cover-up of heading 6108.

Style T8SS3208 is a woman’s beach cover-up skirt constructed of 100 percent polyester mesh knit fabric. The mini-skirt wraps around the waist, has a side opening and a woven waistband with a one button closure and a drawstring. It features a see through open-work knit construction which fails to conceal undergarments.

We are returning your samples as you requested.

The applicable subheading for T8SS3209 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of man-made fibers: Other: Women’s. The duty rate will be 16% ad valorem.

The applicable subheading for the skirt of style T8SS3208 will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s.skirts knitted or crocheted: Of synthetic fibers. The duty rate will be 16% 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 T8SS3209 falls within textile category 650. Style T8SS3208 falls within textile category 642. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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