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NY K80967

December 30, 2003

CLA-2-62:RR:NC:N3:360 K80967


TARIFF NO.: 6211.43.0060

Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Ave.
Suite 208
Jamaica, NY 11434

RE: The tariff classification of a woman's shirt from China

Dear Mr. Spoto:

In your letter dated December 22, 2003, you requested a tariff classification ruling on behalf of Eastern Pacific Apparel. The sample submitted with your request will be returned to you as requested.

Style 4053KE is a woman’s shirt composed of knitted and woven fabrics. The sleeves and back panel are constructed from 100 percent cotton knit fabric. The collar and front panels are constructed from 100 percent polyester woven fabric. The shirt features long sleeves, a funnel-type collar, a ribbed knit waistband and a full front zippered opening. The front panels are lined. The essential character of the garment is imparted by the woven components.

The applicable subheading for style 4053KE will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for 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 16.1 percent ad valorem. Effective January 1, 2004, the rate of duty will be 16 percent ad valorem.

Style 4053KE falls 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 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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