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NY N010376





May 3, 2007

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Lyn Antunes
Norman Krieger, Inc.
921 West Artesia Blvd.
Rancho Dominguez, CA 90220

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

Dear Ms. Antunes:

In your letter dated April 24, 2007, you requested a classification ruling on behalf of Charlotte Russe. Your samples will be returned.

Submitted sample, style #2T930, is a woman’s strapless bustier constructed from 97% nylon and 3% spandex woven fabric. The garment is snug fitting and its coverage in the front extends from the top of the bust to the waist, leaving the shoulders and upper back bare. It is secured to the body by twenty hook and eye fasteners in the front and lacing in the back. The garment features padded underwire cups, a side zipper, vertical stays, an elasticized top back edge, a hemmed bottom and satin tie.

Submitted sample, style #P056A, is a woman’s strapless bustier constructed from 97% polyester and 3% spandex woven fabric. The garment is snug fitting and its coverage in the front extends from the top of the bust to the waist, leaving the shoulders and upper back bare. It is secured to the body by twenty hook and eye fasteners in the front and lacing in the back. The garment features a chiffon pleated bodice, a decorative lace-like overlay at the waist and vertical stays.

Submitted sample, style RU-01-2nd, is a woman’s strapless bustier constructed from 97% polyester and 3% spandex woven fabric. The garment is snug fitting and its coverage in the front extends from the top of the bust to the waist, leaving the shoulders and upper back bare. It is secured to the body by eighteen hook and eye fasteners in the front and lacing in the back. The garment features vertical stays and decorative trim around the bottom edge.

Submitted sample, style #2T-1057, is a woman’s strapless bustier constructed from 97% polyester and 3% spandex woven fabric. The garment is snug fitting and coverage in the front extends from the top of the bust to the waist, leaving the shoulders and the upper back bare. It is secured to the body by twenty hook and eye fasteners in the front and lacing in the back. The garment features vertical stays and decorative leather lacing.

Submitted sample, style #2T-1056, is a woman’s reversible strapless bustier constructed from 97% polyester and 3% spandex woven fabric. The garment is snug fitting and coverage in the front extends from the top of the bust to the waist, leaving the shoulders and upper back bare. It is secured to the body by twenty hook and eye fasteners in the front and lacing in the back. The garment also has vertical stays.

The applicable subheading for all styles 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/.

All styles fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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