The tariff classification of a woman's upper body garment from China

NY L80157 November 2, 2004 CLA-2-62:RR:NC:N3:360 L80157 CATEGORY: Classification TARIFF NO.: 6211.42.0081 Mr. Charles Spoto Alba Wheels Up International, Inc. 150-30 132nd Avenue Suite 208 Jamaica, NY 11434 RE: The tariff classification of a woman's upper body garment from China Dear Mr. Spoto: In your letter dated October 5, 2004, you requested a tariff classification ruling on behalf of Demister 8 LLC. The submitted sample will be returned to you as requested. Style N31S57 is a woman’s strapless upper body garment constructed from 98 percent cotton and 2 percent spandex woven fabric. The garment extends from the top of the bust to the waist and features a shaped front neckline, a pleated bodice and a back zipper closure. The garment is cut straight across the back edge from side seam to side seam and does not provide coverage of the shoulders and upper back. The applicable subheading for style N31S57 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 rate of duty will be 8.1 percent ad valorem. Style N31S57 falls within textile category designation 359. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.). 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, National Commodity Specialist Division