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NY K80704





December 9, 2003
CLA-2-61:RR:NC:WA:361 NY K80704

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6206.40.3030; 6211.43.0091

Mr. Rodney Ralston
UPS Supply Chain Solutions
One Trans-Border Drive
Champlain, NY 12919

RE: The tariff classification of women’s garments from Canada.

Dear Mr. Ralston:

In your letter dated September 8, 2003, with additional information provided in your letter received on November 18, 2003, you requested a classification ruling for five women’s garments on behalf of Baltex, Inc. The samples will be returned, as requested.

Style 61164 is a woman’s garment constructed from 100 percent polyester knit openwork fabric with more than with more than nine stitches per two centimeters in the horizontal direction. The upper body garment has a full front opening with a tie closure at the neck, a satin trim V-shaped neckline, long sleeves, and side slits at the bottom. The front opening, sleeves, and bottom are finished with overlock stitching.

Style 61124 is a women’s upper body garment constructed from 100 percent polyester knit mesh fabric with more than nine stitches per two centimeters in the horizontal direction. The garment has a hood, a rounded neckline, long sleeves, a full front opening with a zipper closure, and a hemmed bottom with side slits.

Style 61134 is a women’s upper body garment constructed from 100 percent polyester knit fabric with more than nine stitches per two centimeters in the horizontal direction. The sleeveless garment has a rounded neckline, a full front opening with a zipper closure, pockets below the waist, and a hemmed bottom with side slits.

Style 61194 is a woman’s garment constructed from 100 percent polyester woven fabric. The “off-the-shoulder” upper body garment has an elasticized neckline, long sleeves, and a hemmed bottom with side slits.

Style 61214 is a woman’s blouse constructed from 100 percent polyester woven fabric. The caftan styled blouse has a rounded neckline with ties and a hemmed bottom.

The applicable subheading for styles 61164, 61124, and 61134 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: women’s. The duty rate will be 32.2% ad valorem. Effective January 1, 2004, the duty rate will be 32% ad valorem.

The applicable subheading for style 61194 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments: Of man-made fibers: Other. The duty rate will be 16.1% ad valorem. Effective January 1, 2004, the duty rate will be 16% ad valorem.

The applicable subheading for style 61214 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sblouses:Of man-made fibers. The duty rate will be 27.1% ad valorem. Effective January 1, 2004, the duty rate will be 26.9% ad valorem.

Styles 61164, 61124, and 61134 fall within textile category designation 639; style 61194 falls within textile category designation 659; style 61214 falls within textile category designation 641. Products of Canada are neither subject to quota restraints nor 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.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. 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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