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NY E86642




September 27, 1999

CLA-2-62:RR:NC:360 E86642

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 6211.49.9090

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated August 19, 1999, you requested a classification ruling .

Submitted sample, style S3JP25637, is a woman’s upper body garment constructed from 98 percent cotton and 2 percent spandex woven fabric. The garment features a shaped neckline, ¼ inch wide shoulder straps that cross in back and a side zipper closure. The garment is cut straight across from side seam to side seam.

Submitted sample, style S3JP47927, is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a shaped neckline, 3/8-inch wide shoulder straps, a self-fabric drawstring tie under the bust, side vents and a back zipper closure. The garment is cut straight across from side seam to side seam.

Submitted sample, style U3JM67907, is a woman’s upper body garment constructed from 96 percent cotton and 4 percent spandex woven fabric. This garment is identical in styling to S3JP47927 above.

Submitted sample, style U3JQ03627, is a woman’s halter top constructed from 100 percent linen woven fabric. The garment features front panels that wrap around and tie in the back and halter neck styling. The garment does not reach the waist.

The applicable subheading for styles S3JP25637, S3JP47927 and U3JM67907 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.

The applicable subheading for style U3JQ03627 will be 6211.49.9090, 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: other: other. The duty rate will be 7.6 percent ad valorem.

Styles SeJP25637, S3JP47927 and U3JM67907 fall within textile category designation 359 and style U3JQ03627 falls within textile category designation 859. Based upon international textile trade agreements products of Macau are subject to a visa requirement and are currently not subject to quota restraints.

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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