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NY K87910




July 30, 2004

CLA-2-62:RR:NC:N3:360 K87910

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.2010

Mr. Peter A. Quinter
Becker & Poliakoff, P.A.
P.O. Box 9057
Ft. Lauderdale, FL 33310-9057

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

Dear Mr. Quinter:

In your letter dated July 15, 2004, you requested a tariff classification ruling on behalf of Boston Proper, Inc. The submitted sample will be returned to you as requested.

Style BWO11653 is a woman’s shortall constructed from a woven patchwork fabric that is 100 percent cotton. The garment’s coverage, in front, extends from the top of the bust to the vicinity of the midthigh. It does not provide the requisite coverage for wear without another outer garment. The upper front portion (as well as the upper rear portion) consists of a full bib. Measured from the wearer’s natural waistline, the portion comprising the bib is approximately 10 ½ inches high, and tapers upward, from the sides, to a 10-inch wide horizontal top edge. The bib has a center pocket. The garment’s short-legged bottom and shoulder straps which fasten onto the front by means of a button and hook. Other features include: side front pockets, partial side openings secured by three metal buttons and two patch pockets on the back.

The applicable subheading for style BWO11653 will be 6204.62.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): bib and brace overalls, breeches and shorts: of cotton: other: other: women’s. The rate of duty will be 8.9 percent ad valorem.

Style BWO1163 falls within textile category designation 359. 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.

Sincerely,

Robert B. Swierupski
Director,

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