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NY J82738

April 16, 2003

CLA-2-62:RR:NC:N3:360 J82738


TARIFF NO.: 6211.43.0091

Mr. Bruce D. Roberts
Miami International Forwarders
1801 NW 82 Avenue
Miami, FL 33126-1013

RE: The tariff classification of a woman's upper body garment from El Salvador

Dear Mr. Roberts:

In your letter dated March 21, 2003, you requested a ruling on behalf of Milco Industries, Inc. on tariff classification.

The submitted sample, style 01790, is a woman’s upper body garment constructed from 100 percent polyester woven fabric. The garment features a V-neckline, an empire waist, adjustable shoulder straps and a lace insert at the midriff. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for style 01790 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 16.1 percent ad valorem.

Style 01790 falls within textile category designation 659. Based upon international textile trade agreements products of El Salvador are currently not subject to quota restraints or 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 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.).

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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