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NY I80154

April 26, 2002

CLA-2-62:RR:NC:N3:360 I80154


TARIFF NO.: 6211.43.0091

Mr. Don M. Obert
Follick & Bessich
33 Walt Whitman Road
Suite 204
Huntington Station, NY 11746

RE: The tariff classification of a woman's upper body garment from China.

Dear Mr. Obert:

In your letter dated April 3, 2002, you requested a tariff classification ruling on behalf of Royalcraft Trimming Corp. The sample submitted with your request will be returned to you under separate cover.

Style 4967 is a woman’s upper body garment constructed from 100 percent polyester woven fabric. The garment features a square shaped front neckline, 1 ½ inch wide shoulder straps and a lining. The rear top edge is cut straight across from side seam to side seam. In your letter you have stated that this garment will be imported separately or together with women’s ensemble style 4986.

The applicable subheading for style 4967 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 rate of duty will be 16.2 percent ad valorem.

Style 4967 falls within textile category designation 659. Based upon international textile trade agreements products of China 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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