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NY I80044

May 1, 2002

CLA-2-62:RR:NC:N3:360 I80044


TARIFF NO.: 6114.30.1020,6211.43.0091

Ronnie Sung
Import Manager
Imperial Customs Broker
182-3- 150th Road – Suite 288
Jamaica, NY 11413

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

Dear Mr. Sung:

In your letter dated March 19, 2002, on behalf of Jessica Howard Ltd., you requested a classification ruling. The sample submitted with your request will be retained as an official sample..

The submitted sample is a woman's fully lined, strapless upper body garment which you have described as a bustier. The garment will be imported under four style numbers representing differences in fabric construction/fiber content as per the submitted swatches. The garment covers the torso from the top of the bust to below the waist. It has a rear opening, which is secured by a zipper, concealed, plastic stays on the front and back; a slightly curved front top edge and is cut straight across the back edge from side seam to side seam. All four samples have a lining constructed from 100% polyester taffeta woven fabric.

The outer shell of style 45203(a) is made from either 100% polyester or 74% polyester and 26% rayon knitted open work knitted fabric. Style 45203(b) is also made from knitted open work fabric consisting of 100% nylon fibers. Both of these garments will have a fake fur trim at the top edge of the garment and beading on the knitted outershell.

Style 45206 is made from 100% polyester crepe woven fabric and will have a beaded band at the top edge. Style SB6251 is made from 53 % nylon, 43 % polyester and 4% lurex woven jacquard fabric. There will be bead trimming on the front of the garment. Neither of these styles will contain the fake fur trim.

The applicable subheading for styles 45203(a) and 45203(b) will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: tops, women’s or girls’. The duty rate will be 28.6 percent ad valorem.

The applicable subheading for styles 45206 and SB6251 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments , women’s or girls’: of man-made fibers, other. The duty rate will be 16.2 percent ad valorem.

Styles 45203(a) and 45203(b) fall within textile category designation 339 and styles 45206 and SB6251 fall within category designation 659. Based upon international textile trade agreements products of China are subject to quota 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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