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NY N023539




February 28, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Lori J. P. Boullet
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

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

Dear Ms. Boullet:

In your letter dated February 14, 2008, you requested a classification ruling on behalf of Mountain Hardwear, a wholly owned subsidiary of Columbia Sportswear. Your sample will be returned as requested.

Submitted sample, style #OL2977, is a woman’s halter composed of both knit and woven fabric. The top portion of the halter is constructed from 88% polyester and 12% elastane knit jersey fabric and the bottom portion of the halter is constructed from 83% nylon, 8% polyester and 9% elastane woven fabric. The halter features an attached strap around the neck, an inner bra shelf and a hemmed bottom. The top back edge is cut straight across leaving the shoulders and upper back bare.

In your letter you suggest a classification of subheading 6211.43.0060, neither the knit nor the woven portion of the halter provides the essential character of the garment. Therefore, in accordance with General Rules of Interpretation, GRI 3 (c), the halter shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, the heading is 6211, HTS. The proper classification for other garment is 6211.43.0091.

The applicable subheading for the style OL2977 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/.

Style OL2977 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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