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NY K85126




May 10, 2004

CLA-2-62:RR:NC:N3:360 K85126

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030

Ms. Diane M. Bonvissuto
D. Hauser, Inc.
One Cross Island Plaza
Suite 310
Rosedale, NY 11422

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

Dear Ms. Bonvissuto:

In your letter dated April 13, 2004, you requested a tariff classification ruling on behalf of Rafaella Sportswear Inc. The submitted sample will be returned to you as requested.

Style RN0341 is a woman’s shirt constructed from 62 percent polyester, 34 percent rayon and 4 percent spandex woven fabric. The shirt features long sleeves with buttoned cuffs, a collar, two chest pockets with buttoned flaps and a full front opening secured by five buttons.

You have suggested classification of this garment under subheading 6206.40.3010, HTS, which provides for garments with two or more colors in the warp and/or filling. The fabric in this garment is made from marl yarn which gives the fabric its heathered appearance. The fabric is not made up of different colored yarns and therefore does not meet the requirements of this statistical breakout.

The applicable subheading for style RN0341 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: women’s. The rate of duty will be 26.9 percent ad valorem.

Style RN0341 falls within textile category designation 641. Based upon international textile trade agreements products of Hong Kong 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.

Sincerely,

Robert B. Swierupski
Director,

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