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NY N012551




June 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 6211.43.0091

Mr. Anthony Melendez
Wet Seal Inc.
26972 Burbank
Foothill Ranch, CA 92610

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

Dear Mr. Melendez:

In your letter dated June 7, 2007, you requested a classification ruling. Your samples will be returned as requested.

Submitted sample, style #37702151, is a woman’s bustier-styled halter top constructed from 43% cotton, 38% nylon, 12% polyester and 7% spandex woven fabric. The garment is snug fitting and its coverage in the front extends from the top of the bust to the waist, leaving the shoulders and upper back bare. The fully lined garment features a modified V-neckline, an attached strap around the neck, a side zipper with a hook and eye closure and vertical stays. The top back edge is cut straight across from side seam to side seam.

Submitted sample, style #37806798, is a woman’s bustier constructed from 96% cotton, 3% spandex and 1% metallic woven fabric. The garment is snug fitting and its coverage in the front extends from the top of the bust to the waist, leaving the shoulders and upper back bare. The fully lined garment features a modified V-neckline, detachable shoulder straps, padded cups, a zipper with a hook and eye closure, a self-fabric belt and belt loops. The top back edge is cut straight across from side seam to side seam.

Submitted sample, style #ABWT-767, is a woman’s strapless bustier constructed from 65% cotton, 32% nylon and 3% spandex woven fabric. The garment is snug fitting and its coverage in the front extends from the top of the bust to the waist, leaving the shoulders and upper back bare. The fully lined garment features a shaped front neckline, a back zipper with a hook and eye closure and six non functional buttons down the center front. The top back edge is cut straight across from side seam to side seam.

Submitted sample, style #ABWT-694, is a woman’s strapless bustier constructed from 98% cotton and 2% spandex woven fabric. The garment is snug fitting and its coverage in the front extends from the top of the bust to the waist, leaving the shoulders and upper back bare. The fully lined garment features a shaped front neckline, a back zipper with a hook and eye closure, five non functional buttons down the center front and vertical stays. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for the style 37702151 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.

The applicable subheading for the styles 37806798, ABWT-767 and ABWT-694 will be 6211.42.0081, 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 cotton: other. 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 37702151 falls within textile category 659 and styles 37806798, ABWT-767 and ABWT-694 fall 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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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