# NY L82439

# 

# February 18, 2005

# 

# CLA-2-62:RR:NC:N3:360 L82439

CATEGORY: Classification

TARIFF NO.: 6211.43.0091; 6114.20.0010; 6114.30.1020

Mr. Bill Julich

Delmar International

147-55 175th Street

Jamaica, NY 11434

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

Dear Mr. Julich:

In your letter dated February 8, 2005, you requested a tariff
classification ruling **on behalf of Fairvane Corporation dba
Weathervane**. The submitted samples will be returned to you as
requested.

**Style 8307** is a woman's upper body garment constructed from 100
percent polyester woven fabric. The garment features a V-neckline,
adjustable shoulder straps and an asymmetrical hem. The top back edge is
cut straight across from side seam to side seam. The neckline, hem,
front and back top edge are trimmed with lace.

**Style 8305** is a woman's top constructed from 100 percent polyester
knit fabric. The garment features a shaped front neckline and adjustable
shoulder straps. The top back edge is cut straight across from side seam
to side seam. The front and back top edge is trimmed with lace.

**Style 7602** is a woman's top constructed from 96 percent cotton and 4
percent spandex knit fabric. The garment features a V-neckline,
adjustable shoulder straps and a straight hemmed bottom. The top back
edge is cut straight across from side seam to side seam.

**Style 8312** is a woman's upper body garment constructed from 100
percent polyester woven fabric. The garment features a V-neckline, an
empire waist, two-inch wide shoulder straps and a hemmed bottom. The top
back edge is cut straight across from side seam to side seam. The front
neckline is trimmed with lace.

**Style 8309** is a woman's top constructed from 100 percent cotton knit
fabric. The garment has an insert that gives the appearance of two
garments. The features a scooped neckline with the attached insert
having a lace trim, double spaghetti straps, an empire waist and a
hemmed bottom. The top back edge is cut straight across from side seam
to side seam.

The applicable subheading for **styles 8307** and **8312** will be
**6211.43.0091**, 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 man-made fibers: other. The rate
of duty will be 16 percent ad valorem.

The applicable subheading for **style 8305** will be **6114.30.1020**,
Harmonized Tariff Schedule of the United States (HTS), which provides
for other garments, knitted or crocheted: of man-made fibers: tops:
women's or girls'. The rate of duty will be 28.2 percent ad valorem.

The applicable subheading for **styles 7602** and **8309** will be
**6114.20.0010,** Harmonized Tariff Schedule of the United States (HTS),
which provides for other garments, knitted or crocheted: of cotton:
tops: women's or girls'. The rate of duty will be 10.8 percent ad
valorem.

**Styles 8307** and **8312** fall within textile category designation
**659**; **style 8305** falls within textile category designation
**639** and **styles 7602** and **8309** fall within textile category
designation **339**. 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.).

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