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NY L81232

December 30, 2004

CLA-2-62:RR:NC:N3:360 L81232


TARIFF NO.: 6211.49.1090

Linda Quinn
Stonepath Logistics International Services, Inc. 895 Blue Gentian Road
Eagan, MN 55121

RE: The tariff classification of women’s garments from Hong Kong

Dear Ms. Quinn:

In your letter dated December 10, 2004, on behalf of Christopher & Banks Company, you requested a classification ruling. The sample submitted with your request will be returned as requested.

Style 1721 consists of two garments, a women’s camisole and a poncho-like garment. Both garments are sheer and made from 100 percent silk woven fabric. The solid colored camisole extends to the waist and features spaghetti straps, a hemmed bottom and a front scoop neckline. The top back edge of the garment is cut straight across from side seam to side seam. The color coordinated printed pullover garment, which you describe as a poncho, is rectangular in shape and measures approximately 43 inches by 46 inches. There is an opening in the center to go over the wearer’s head. The garment has no armholes and hangs loosely from the shoulders, reaching the waist and covering the elbows. The garments are tacked together at the neck and are easily detachable without damage to either garment. Each garment is therefore separately classifiable under heading 6211, HTS.

The applicable subheading for both garments of style 1721 will be 6211.49.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 1.2 percent ad valorem.

Both garments of style 1721 fall 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. 177).

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 Schiazano at 646-733-3051.


Robert B. Swierupski

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