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NY K89622




October 18, 2004

CLA-2-62:RR:NC:N3:360 K89622

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056; 6211.42.0075

Mr. John F. McManus
ITOCHU International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of women's wearing apparel from Macau

Dear Mr. McManus:

In your letter dated September 22, 2004, you requested a tariff classification ruling on behalf of Prominent USA LLC. The submitted samples will be returned to you as requested.

Style 100CS is a woman’s shirt constructed from 97 percent cotton and 3 percent spandex woven fabric. The shirt features long sleeves with vents, a standup collar, shoulder pads, two pockets below the waist, side vents and a full front opening secured by five buttons.

Style 101CS is a woman’s jacket constructed from 97 percent cotton and 3 percent spandex woven fabric. The jacket features long hemmed sleeves, a collar, shoulder pads, two pockets below the waist, a back vent and a full front opening secured by five buttons. The jacket extends from the shoulders to mid thigh.

The applicable subheading for style 100CS will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: other. The rate of duty will be 8.1 percent ad valorem.

The applicable subheading for style 101CS will be 6211.42.0075, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 8.1 percent ad valorem.

Style 100CS falls within textile category designation 341 and style 101CS falls within textile category designation 335. Based upon international textile trade agreements products of Macau 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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