The tariff classification of women’s woven wearing apparel from China

N026954 May 7, 2008 CLA-2-62:OT:RR:NC:TA:360 CATEGORY: Classification TARIFF NO.: 6211.42.0081 Ms. Leigh Beckford Vandegrift Forwarding Co., Inc 230-19 Intl. Airport Center Suite 250 Jamaica, NY 11413 RE: The tariff classification of women’s woven wearing apparel from China Dear Ms. Beckford: In your letter dated April 4, 2008, you requested a classification ruling on behalf of H & M Hennes & Mauritz LP. Your samples will be returned as requested. Submitted sample, style #517520/3941, is a woman’s garment constructed from 97% cotton and 3% spandex woven fabric. The one piece garment is snug fitting from the bust to the waist. The coverage extends from the bust to the hip and features adjustable shoulder straps, an underwire built into the bust line, a side zipper, a smocked center rear panel, vertical stays, and elasticized leg openings. The top back edge is cut straight across from side seam to side seam. Submitted sample, style #509690/3941, is a woman’s two piece garment consisting of a halter top and a brief-like bottom constructed from 96% cotton and 4% spandex woven fabric. The halter top extends from the top of the bust to the bust line and features a self-fabric tie around the neck, an elasticized top edge and bust line. The brief-like bottom features an elasticized top edge and elasticized leg openings. The applicable subheading for both styles 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division