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NY N013460




July 25, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Ms. Christine Cheng
Legend Swimwear Factory Ltd.
Flat B-D, 9/F, Kin Yip Plaza
9 Cheung Yee Street, Lai Chi Kok
Kowloon, Hong Kong

RE: The tariff classification of a women’s garment from China

Dear Ms. Cheung:

In your letter dated June 25, 2007 you requested a classification ruling.

Style SRY 200112-420016 is a woman’s beach robe constructed of 80 percent nylon and 20 percent spandex mesh knit fabric. The garment extends from the shoulder to the mid-thigh. It features an all-over print design, a V- shaped neckline, a tie at the back of the waist and long bell shaped sleeves. Based on the physical characteristics of the garment, the garment is considered a beach cover-up of heading 6108.

The applicable subheading for SRY 200112-420016 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.

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 SRY 200112-420016 falls within textile category 650. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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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