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NY N024591




March 13, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054; 6211.42.0081

Ms. Maristella Iacobello
Phillips-Van Heusen Corporation
200 Madison Avenue
New York, NY 10018

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

Dear Ms. Iacobello:

In your letter dated March 6, 2008, you requested a classification ruling. The submitted samples will be returned as requested.

Style 4667 is a woman’s blouse constructed from 100 percent cotton woven fabric. The blouse features a shaped front and back neckline, ¼ inch wide adjustable shoulder straps, an empire waist with attached side ties, a side zipper closure and a hemmed bottom.

Style 4632 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a straight neckline, I1 inch wide shoulder straps, 2 ½ inches of smocking from the top edge and a hemmed bottom. The top back edge is cut straight across from side seam to side seam.

Style 4622 is a woman’s blouse constructed from 100 percent cotton woven fabric. The pullover blouse features a U-shaped front neckline, a partial front opening secured by three buttons, an empire waist and measures 1 inch wide at the shoulder.

The applicable subheading for styles 4667 and 4622 will be 6211.42.0054, 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: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for style 4632 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/.

Styles 4667 and 4622 fall within textile category 341 and style 4632 falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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