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NY B87366

July 28, 1997

CLA-2-62:RR:NC:TA:360 B87366


TARIFF NO.: 6211.49.1090

Ms. Michele R. Markowitz
Grunfeld, Desiderio, Lebowitz & Silverman, LLP 245 Park Ave - 33rd Fl
New York, NY 10167-3397

RE: The tariff classification of a woman's upper body garment from Hong Kong

Dear Ms. Markowitz:

In your letter dated June 30,1997, on behalf of Mast, Industries, Inc., you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style T23H7 is a woman's upper body garment that is constructed from 95 percent silk 5 percent spandex woven fabric. The garment extends from the shoulders to slightly below the waist and features adjustable spaghetti straps, a v-shaped front neckline and shaped or defined cups. The straps are permanently attached to the back panel which is cut straight across. The back panel is approximately 7 « inches in length and extends from the middle of the back to below the waist.

The applicable subheading for style T23H7 will be 6211.49.1090, Harmonized Tariff Schedule of the United States (HTS), 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 5.8 percent ad valorem.

Style T23H7 falls within textile category designation 759. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Patricia Schiazzano at (212) 466-5866.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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