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NY I88706




December 13, 2002

CLA-2-62:RR:NC:N3:360 I88706

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6211.43.0060

Ms. Annemarie Devivo
Barthco International, Inc.
390 Franklin Avenue
Franklin Square, NY 11010

RE: The tariff classification of women's shirts from China

Dear Ms. Devivo:

In your letter dated December 5, 2002, you requested a tariff classification ruling on behalf of Smooth Industries. The samples submitted with your request will be returned to you under separate cover.

Style 349484 is a woman’s shirt constructed from 64 percent polyester, 31 percent viscose and 5 percent spandex woven fabric. The shirt features long sleeves with buttoned cuffs, a collar, two zippered pockets below the waist, shoulder pads and a full front zippered opening.

Style 128953 is a woman’s shirt constructed from 47 percent polyester, 46 percent viscose and 7 percent spandex woven fabric. The shirt features long sleeves, a banded collar, two pockets below the waist, side vents and a full front opening secured by six buttons.

Style 128583 is a women’s shirt constructed from 97 percent polyester and 3 percent spandex woven fabric. The shirt features long sleeves with buttoned cuffs, a collar, a full front opening secured by seven buttons and a shirttail bottom.

The applicable subheading for styles 349484 and 128953 will be 6211.43.0060, 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: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 16.2 percent ad valorem. Effective January 1, 2003, the rate of duty will be 16.1 percent ad valorem.

The applicable subheading for style 128583 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The rate of duty will be 27.2 percent ad valorem. Effective January 2, 2003, the rate of duty will be 27.1 percent ad valorem.

All styles fall within textile category designation 641. 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.

Sincerely,

Robert B. Swierupski
Director,

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