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NY C88268

June 17, 1998

CLA-2-62:RR:NC:TA:360 C88268


TARIFF NO.: 6211.43.0091

Ms. Melba R. Dario

Federated Merchandising Group

1440 Broadway

New York, NY 10018

RE: The tariff classification of women's velvet woven upper body garments from China

Dear Ms. Dario:

In your letter dated May 21, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 811152 is a women's velvet woven upper body garment, commercially known as a bustier, 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 classification of this garment will be based on the pile surface, that is, the rayon portion of the fiber content.

Style 811152 is lined with 100 percent acetate woven fabric and extends from the neck and shoulders to the waist. The sleeveless garment features non-adjustable shoulder straps, a shaped front neckline and a rear opening secured by hook and eye closures. The upper edge of the back panel is cut straight across, from side seam to side seam. The garment is longer in front and has eight plastic strips sewn into the lining for shaping.

The applicable subheading for style 811152 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 811152 falls within textile category designation 659. Based upon international textile trade agreements products of China 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.


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