CLA-2-62:RR:NC:WA:361 NY K80612

Mr. Anthony LoPresti
S.J. Stile Associates, Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a woman’s woven divided skirt from Hong Kong.

Dear Mr. LoPresti:

In your letter dated, November 6, 2003, on behalf of your client Item Eyes, you requested a classification ruling.

The submitted sample, Style #41799B, is a woman’s divided skirt constructed from 97% cotton and 3% spandex woven fabric. The garment features side slits at both sides, a flat waistband, and a zipper at the left side. Overlaying the front and back of the garment is a panel of fabric permanently attached at both sides. The leg separation is not apparent when the garment is viewed from the front.

The applicable subheading for Style 41799B will be 6204.52.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ skirts and divided skirts, of cotton, other, women’s. The duty rate will be 8.2 % ad valorem. The duty rate for 2004 will remain the same.

Style 41799B falls within textile category designation 342. Based upon international textile trade agreements this category from Hong Kong is subject to quota restraints and 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. 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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division