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NY N023548




February 28, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091; 6206.40.3030; 6204.43.4030

Mr. James C. Alberdi
A.J. Arango Inc.
1516 E. 8th Avenue
Tampa, Florida 33605

RE: The tariff classification of women’s garments from Indonesia

Dear Mr. Alberdi:

In your letter, you requested a classification ruling on behalf of Debra Bobier-Yoga Bound. Your samples will be returned as requested.

Submitted sample, style #1, is a woman’s upper body garment constructed from 100% polyester woven fabric. The garment extends from the shoulder to below the bust. The collarless garment features long sleeves, a full front opening secured by an attached self-fabric tie below the bust and embellished with embroidery and sequins.

Submitted sample, style #2, is a woman’s upper body garment constructed from 100% polyester woven fabric. The garment extends from the shoulder to approximately mid-thigh. The pullover garment is collarless and features long sleeves, a deep v-neckline, and a self fabric drawstring tie at the waist and embellished with decorative embroidery and sequins. The garment provides insufficient coverage for wear without another outerwear garment.

Submitted sample, style #3, is a woman’s blouse constructed from 100% polyester woven fabric. The pullover blouse features a stand-up collar, long sleeves, a v-neckline and three inch side vents. The garment is embellished with decorative embroidery and sequins.

Submitted sample, style #4, is a woman’s dress constructed from 100% polyester woven fabric. The pullover dress is collarless and features long sleeves, a v-neckline, side vents. The dress is embellished with decorative embroidery and sequins.

Submitted samples, style #5, consist of two garments, both of which are constructed from 100% woven fabric. The upper body garment is a woman’s halter and features a self-fabric tie around the neck and around the mid- back and is embellished with decorative embroidery and sequins. The garment does not provide shoulder or back coverage. The bottom garment is constructed to give the appearance of pants but lack sufficient coverage to be classified as such. The garment features long legs which are open from the waist to the ankle and is secured to the body by self-fabric ties on at each side of the waist. The garment is embellished with decorative embroidery and sequins.

The applicable subheading for the styles 1, 2, and 5 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: other: other: other: other: other. The duty rate will be 16 percent ad valorem.

The applicable subheading for the style 3 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The duty rate will be 26.9 percent ad valorem.

The applicable subheading for the style 4 will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses: of synthetic fibers: other: other: women’s. 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/.

Styles 1, 2 and 5 fall within textile category 659, style 3 falls within textile category 641 and style 4 falls within textile category 636. 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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