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NY C83312

February 6, 1998

CLA-2-62:RR:NC:TA:360 C83312


TARIFF NO.: 6211.43.0091

Ms. Melba R. Dairo
Federated Product Development
11 Penn Plaza
New York, NY 10001

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

Dear Ms. Dairo:

In your letter received on January 14, 1998, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 83304 is a sleeveless upper body garment, commercially known as a camisole, constructed from a ground fabric that is 100 percent silk and a pile surface of 100 percent rayon. You state that the overall fiber content, by weight, is 82 percent silk and 18 percent rayon woven fabric. Section XI subheading note 2(B) states that:

In the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric;

Accordingly, the fiber content will be based on the pile surface and therefore, the fiber content of the garment is considered to be 100 percent rayon.

The camisole extends from the neck and shoulders to the vicinity of the waist and features spaghetti straps, a hemmed bottom, a square front neckline and is cut straight across the back from side to side. The garment is lined with 100 percent polyester woven fabric.

The applicable subheading for style 83304 will be 6211.43.0091, 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 man-made fibers: other. The duty rate will be 16.6 percent ad valorem.

Style 83304 falls within textile category designation 659. 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.


Robert B. Swierupski

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