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NY I84164

July 29, 2002

CLA-2-62:RR:NC:N3:360 I84164


TARIFF NO.: 6211.43.0091

Mr. Stephen C. Liu
Pacific Century Customs Service
11099 S. La Cienega Boulevard
Los Angeles, CA 90045

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

Dear Mr. Liu:

In your letter dated July 11, 2002, you requested a tariff classification ruling on behalf of Silver Antelope, Inc.

The submitted sample, style 8564, is a woman’s upper body garment. The garment is constructed from a 100 percent polyester woven shell embellished with sequins and a 100 percent polyester woven lining. The garment is in the shape of a butterfly and has two strips that lace through loops that are attached on each side of the garment and tie in the back. The garment does not provide sufficient coverage as it leaves the back and midriff bare.

The applicable subheading for style 8564 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 8564 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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