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NY H86647

January 28, 2002

CLA-2-62:RR:NC:N3:360 H86647


TARIFF NO.: 6211.42.0081

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

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

Dear Mr. Travis:

In your letter dated January 4, 2002, you requested a tariff classification ruling on behalf of Tillsonburg Resources Asia, Inc. The sample submitted with your request will be returned to you under separate cover.

Style 9331(01-S-353) is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment extends from the shoulders to the hips and features a V-neckline, an empire waist and shoulder straps that measure 2 ¼ inches at the shoulder seam. The top edge of the back of the garment is cut straight across from side seam to side seam. The upper back panels extend 9 ½ inches from the side seams and fasten at the center by means of five hook and eye closures. The lower back panels extends 5 ½ inches from the side seams and do not meet, leaving a major portion of the back bare below the closure. The garment does not reach the waist in the back.

The applicable subheading for style 9331(01-S-353) 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 rate of duty will be 8.2 percent ad valorem.

Style 9331(01-S-353) falls within textile category designation 359. Based upon international textile trade agreements products of China or Hong Kong are currently subject to quota restraints and the requirement of a visa.

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.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 646-733-3051.


Robert B. Swierupski

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