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September 15, 1999

CLA-2-62:RR:NC:360 E85940

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Ms. Elizabeth Hodur
Warnaco, Inc.
Customs Compliance
149 Madison Avenue – Fifth Floor
New York, NY 10016

RE: The tariff classification of a woman’s upper body garment from China, Hong Kong and/or the Philippines

Dear Ms. Hodur:

In your letter dated August 17, 1999, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style S0036 is a woman’s abbreviated upper body garment constructed from 100 percent cotton woven fabric. The tube-like garment is similar to a bandeau; is approximately 8 ½ inches wide and is smocked allover. It does not reach the waist.

The applicable subheading for style S0036 will be 6211.42.0081, 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 cotton: other. The duty rate will be 8.4 percent ad valorem.

Style S0036 falls within textile category designation 359. Based upon international textile trade agreements products of China, Hong Kong and the Philippines are subject to quota restraints and a visa requirement.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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