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

NY L80439 November 29, 2004 CLA-2-62:RR:NC:N3:360 L80439 CATEGORY: Classification TARIFF NO.: 6211.49.1050 Mr. Kevin Maher C-Air Customhouse Brokers International Freight Forwarders 181 South Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of a woman's upper body garment from China Dear Mr. Maher: In your letter dated October 27, 2004, you requested a tariff classification ruling on behalf of Private Label Sourcing. The submitted sample will be returned to you as requested. Style TGTWBLK-2005-Q2-054-A is a woman’s upper body garment with an outer shell constructed from 100 percent silk woven fabric. The garment is lined with 95 percent polyester and 5 percent spandex knit fabric. The garment features a front and back V-neckline, 1-¼ inch wide shoulder straps, a side seam zipper, and an empire waist. The applicable subheading for style TGTWBLK-2005-Q2-054-A will be 6211.49.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski0suits and swimwear; other garments: other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 1.2 percent ad valorem. Style TGTWBLK-2005-Q2-054-A falls within textile category designation 741. Based upon international textile trade agreements products of China are not currently subject to quota restraints or visa requirements. 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