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NY L88071

November 1, 2005

CLA-2-62:RR:NC:N3:360 L88071


TARIFF NO.: 6211.42.0081

Ms. Lisa E. Girvin
Eddie Bauer, Inc.
P. O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a woman’s upper body garment from Hong Kong

Dear Ms. Girvin:

In your letter dated October 5, 2005, you requested a classification ruling. The submitted sample will be returned to you as requested.

Item number 008-4920 (regular sizes) is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a V-neckline with a partial opening secured by three buttons, an empire waist, straps that measures 1 ½ inches at the shoulder, a side zipper closure The top front edge and the hem are embellished with embroidery. The top back edge is cut straight across from side seam to side seam. This garment will also be imported in petite and tall sizes under item number 008-4921 and 008-4922.

You have suggested that this garment is classifiable as a blouse under subheading 6211.42.0056, HTS. The garment does not provide sufficient coverage of the shoulders and upper back to be considered a blouse. In addition, because it is cut straight across the rear top edge it lacks a rear neckline, and is correctly classified as an other garment under subheading 6211, HTS.

The applicable subheading for item number 008-4920 will be 6211.42.0081, 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 cotton: other. The duty rate will be 8.1 percent ad valorem.

Item number 008-4920 falls within textile category designation 359. 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 Schiazzano at 646-733-3051.


Robert B. Swierupski

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