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NY L80745





November 29, 2004

CLA-2-62:RR:NC:N3:360 L80745

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Road
Hoffman Estates, IL 60195

RE: The tariff classification of women's poncho-like garments from China

Dear Ms. Balice:

In your letter dated November 1, 2004, you requested a tariff classification ruling on behalf of Claire's Accessories.

The submitted samples, styles 87597 and 88003, are women’s sheer woven pullover garments constructed from 100 percent polyester chiffon printed fabric. The poncho-like garments are rectangular in shape and feature an opening in the center to go over the wearer’s head. The garments have no armholes and hang loosely from the shoulders, reaching the waist and covering the elbows.

The applicable subheading for both styles will be 6211.43.0091, 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 man-made fibers: other. The rate of duty will be 16 percent ad valorem.

Both styles fall within textile category designation 659. 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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