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NY L81312

January 5, 2005

CLA-2-62:RR:NC:N3:360 L81312


TARIFF NO.: 6211.43.0091

Ms. Betty Coats
Kmart Management Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of women's upper body garments from Taiwan

Dear Ms. Coats:

In your letter dated December 15, 2004, you requested a ruling on tariff classification. The submitted samples will be returned to you as requested.

Style 86288 is a woman’s upper body garment constructed from 100 percent polyester woven georgette fabric. The neckline and bottom trim are constructed from 95 percent rayon and 5 percent spandex knit fabric. The sleeveless pullover is supported on the body by the knit fabric that creates an off the shoulder neckline and forms straps across the upper arm. The garment features a lining and banded bottom with a side tie. The garment does not provide shoulder coverage.

Style 86333 is a woman’s upper body garment constructed from 100 percent polyester woven georgette fabric. The garment features a V-neckline, one spaghetti strap and one ruffled shoulder strap, a lining, a side zipper opening. The top back edge is cut straight across from side seam to side seam.

The applicable subheading for both garments 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 garments fall within textile category designation 659. 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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