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NY J88863

October 21, 2003

CLA-2-62:RR:NC:N3:360 J88863


TARIFF NO.: 6211.49.1090

Mr. William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. Ortiz:

In your letter dated September 18, 2003, you requested a tariff classification ruling on behalf of Tahari Ltd. The sample submitted with your request will be returned to you under separate cover.

Style 31110452 is a woman’s upper body garment constructed from 100 percent silk woven fabric. The garment has an overlay constructed from 100 percent cotton openwork fabric. The halter-styled garment features a shaped front neckline, 1-inch wide shoulder straps and a side zipper closure. The garment is cut straight across the back from side seam to side seam. The overlay covers the garment in the front from under the bust to the hem and in the back from the neck to the hem.

The applicable subheading for style 31110452 will be 6211.49.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments: of other textile materials: containing 70 percent or more by weight of silk or silk waste: other. The rate of duty will be 1.9 percent ad valorem.

Style 31110452 falls within textile category designation 759. Based upon international textile trade agreements products of China are not currently 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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