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NY M84565





July 13, 2006

CLA-2-62:RR:NC:N3:360 M84565

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Jean Gong
McNaughton Apparel Group Inc.
498 Seventh Avenue – 9th Floor
New York, NY 10018

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

Dear Ms. Gong:

In your letter dated June 28, 2006, on behalf of Norton McNaughton of Squire, Inc., you requested a classification ruling. The sample is being returned to you as you have requested

Style HQ5Y2U is a sleeveless women’s upper body garment constructed from 100 percent polyester printed woven fabric. The camisole features a slightly shaped front neckline; a top back edge that is cut straight across from side seam to side seam; empire waist styling; shoulder straps that are ½ inch wide; a side zipper closure; a lining and shaping darts. There is a solid colored piece of 100% nylon lace fabric sewn into the front bust area and upper back that covers this area. The narrow straps are tacked onto this fabric.

The applicable subheading for style HQ5Y2U will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The duty rate will be 16 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/.

Style HQ5Y2U falls 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. 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.

Sincerely,

Robert B. Swierupski
Director,

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