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NY L82154

February 7, 2005

CLA-2-62:RR:NC:N3:360 L82154


TARIFF NO.: 6211.49.1090

Ms. Rebecca Cheung
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

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

Dear Ms. Cheung:

In your letter dated January 14, 2005, you requested a ruling on tariff classification. The submitted sample will be returned to you as requested.

Style CAS05B2328 is a woman’s upper body garment constructed from 100 percent silk woven fabric. The garment features a boatneck, a lining and a full front opening secured by a button and snap closures. The garment covers the shoulders and extends to the waist.

In your letter you have suggested classification of this style under subheading 6214.10.1000, HTS, as a shawl or capelet. The garment does not qualify for classification under this HTS subheading because it covers the elbows and the waist. It is correctly classifiable under heading 6211, HTS, which provides for other garments.

The applicable subheading for style CAS05B2328 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 percent or more by weight of silk or silk waste: other. The rate of duty will be 1.2 percent ad valorem.

Style CAS05B2328 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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