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NY M83106

May 12, 2006

CLA-2-62:RR:NC:N3:360 M3106


TARIFF NO.: 6211.43.0091, 6109.90.1065

Benjamin B. Park
B&H Customs Services, Inc.
147-19 Springfield Lane – Suite A
Jamaica, NY 11413

RE: The tariff classification of women’s upper body garments from China

Dear Mr. Park:

In your letter dated April 28, 2006, on behalf of Queen Apparel NY, Inc., you requested a classification ruling. The sample will be returned as requested.

Style 829G532 consists of two women’s upper body garments. The outer garment is constructed from 100% polyester woven sheer fabric. The garment extends below the waist and features short sleeves and a full front opening secured with a tie closure at the waist. The garment provides insufficient coverage to be worn alone and is not considered a blouse for tariff purposes. The second garment is a tank top made from 94% polyester and 6% spandex knitted fabric. The garment has narrow shoulder straps approximately 3/8 of an inch wide, a curved front and rear neckline, and a finished bottom. The garments are tacked together at the shoulder seams and can easily be separated without damage to either garment. Accordingly, the garments are separately classifiable.

The applicable subheading for the woven upper body garment will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for the tank top will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tank topsknitted or crocheted: Of man-made fibers: Women’s. The rate of duty will be 32 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The woven garment falls within textile category designation 659 and the knitted tank top falls within textile category designation 639. 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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