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NY N018555

October 24, 2007



TARIFF NO.: 6211.42.0081

Stephen M. Zelman & Associates
888 Seventh Avenue
Suite 4500
New York, NY 10106

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

Dear Mr. Zelman:

In your letter dated October 3, 2007, you requested a classification ruling on behalf of Fownes Brothers & Co. Your samples will be returned as requested.

Submitted sample, style #4015, is a woman’s garment constructed from 100% cotton woven fabric. The garment extends from the shoulder to the mid-thigh. The pullover garment features a deep v-neckline that extends to the waist, ¾ length sleeves with elasticized cuffs, a drawstring at the waist, 9 inch side slits extending upwards from the hem and a hemmed bottom.

Submitted sample, style #4017, is a woman’s garment constructed from 100% cotton woven fabric. The garment extends from the shoulder to the mid-thigh. The pullover garment is sleeveless and features a deep v-neckline, a partial back opening secured by a button and loop closure, ruffles around the front yoke and armholes and a hemmed bottom.

In your letter you referred to these garments as beach cover-ups. Based on the styling, length and coverage, these garments provide insufficient coverage. They will be classified as other garments which are more specifically provided for under heading 6211, HTS.

The applicable subheading for the styles 4015 and 4017 will be 6211.42.0081, 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 cotton: other. The duty rate will be 8.1 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/.

Both styles fall within textile category 359. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.


Robert B. Swierupski

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