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NY K83433





March 24, 2004
CLA-2-62:RR:NC:N3:360 K83433

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030, 6109.90.1065

Zack Grant
TRLA Group Inc.
490 Cleveland Drive
Baldwin Park, CA 91706

RE: The tariff classification of women’s upper body garments from China

Dear Mr. Grant:

In your letter dated February 20, 2004 you requested a classification ruling.

Three styles of women’s upper body garments were submitted with your request. Each garment consists of two layers: a woven outer blouse and a knitted tank top sewn to the inner shoulder seam. All of the garments are made from 100% polyester fabric. While the garments are sewn together at the seams, they are easily separable without damage to either garment. As such, each garment is separately classifiable.

Style SLP-FLV-AIR consists of a woven pullover blouse with short cap sleeves, a v-neckline with lace inserts and a hemmed bottom, and a knitted tank top with spaghetti straps, a scooped neckline and a hemmed bottom.

Style HLP-FLV-AIR consists of a pullover blouse with modified batwing sleeves, a v neckline with lace inserts and a hemmed bottom, and a tank top with straps measuring approximately 1¾ inches in width at the top of the shoulder, a scooped neckline and a hemmed bottom.

Style LP-FLV-BIJ consists of an embroidered pullover blouse with long sleeves with button closures, a keyhole neckline with a tie closure and a curved bottom hem, and a tank top with spaghetti straps, a scooped neckline and a hemmed bottom.

The applicable subheading for the blouses will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven blouses of man-made fibers. The duty rate will be 26.9 percent ad valorem.

The applicable subheading for the tank tops will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, of man-made fibers, women’s or girls’, tank tops and singlets, women’s. The duty rate will be 32 percent ad valorem.

The blouses fall within textile category designation 641 and the tank tops within textile category designation 639. Based upon international textile trade agreements products of China are subject to quota 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. 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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