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NY L81085

December 16, 2004

CLA-2-62:RR:NC:N3:360 L81085


TARIFF NO.: 6211.49.1090

Mr. Patrick Pascarella
Sea & Air Land Logistics
57 Doxbury Lane
Suffern, NY 10901

RE: The tariff classification of a woman's upper body garment from China

Dear Mr. Pascarella:

In your letter dated November 23, 2004, you requested a tariff classification ruling on behalf of Presidio International, Inc. The submitted sample will be returned to you as requested.

Style O5C610 is a woman’s upper body garment composed of knit and woven components. The back and front panels are constructed from 100 percent silk woven fabric. The lining, upper side inserts and strap are constructed from 100 percent rayon knit fabric. The garment features a shaped front neckline with a keyhole opening and cut away front panels. The top back edge is cut straight across from side seam to side seam with a keyhole opening. The strap is rectangular in shape and measures 3 ¼ inches wide and 72 inches long.

As noted above, the garment is made up of knit and woven fabric. Such garments are considered a composite good, with the classification determined by that fabric that provides the essential character. The woven fabric imparts the essential character of the garment.

The applicable subheading for style O5C610 will be 6211.49.1090, 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 other textile materials: containing 70 or more by weight of silk or silk waste: other. The rate of duty will be 1.2 percent ad valorem.

Style O5C610 falls within textile category designation 759. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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.


Robert B. Swierupski

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