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NY N017788





October 4, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1090

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt P. C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of a woman’s halter from China

Dear Ms. Shira:

In your letter dated September 24, 2007, you requested a classification ruling on behalf of Polo Ralph Lauren Corp. Your sample will be returned as requested.

Submitted sample, style #87F7Y, is a woman’s halter composed of woven and knit fabric. The front panel and scarf are constructed from 100 percent silk woven fabric and the back panel, tie, waistband and lining are constructed from 100% cashmere knit fabric. The garment features a knit tie around the neck attached to the woven front panel which is lined with cashmere knit fabric. The halter-styled garment features a shaped front neckline with knit ties that fasten at the back of the neck, an attached scarf and a ribbed knit waistband. The attached scarf, which measures 10 inches wide and 78 inches long, can be draped over the front or wrapped around the neck. The garment provides insufficient coverage of the shoulders and the upper back.

The woven component imparts the essential character of the garment; therefore, the garment will be classified based upon GRI 3(b), which states that garments will be classified by the component which gives them their essential character.

The applicable subheading for the style 87F7Y will be 6211.49.1090, 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 other textile materials: containing 70 percent or more by weight of silk or silk waste: other. The duty rate will be 1.2 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 87F7Y falls within textile category 759. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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