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NY 807880




May 11, 1995

CLA-2-61:S:N:N5:361 807880

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060

Mr. Alan Siegal
Genghis Khan Freight Services, Inc.
161-15 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of a woman's knit tank top from Hong Kong.

Dear Mr. Siegal:

In your letter dated March 9, 1995, you requested a tariff classification ruling on behalf of Andrea Jovine, div. of Coopersmith Industries, Inc. The top is designated as style 12805, and is being returned, as you requested.

Style 12805 is a woman's knit sleeveless tank top, featuring a V front neckline, a square back neckline, and side slits at the hemmed bottom of the garment. Based on our laboratory analysis, the fabric is constructed from four 2-ply yarns as follows: one two ply cotton yarn and three 2-ply metallic yarns. The relative weights of these two yarns are 50.3% cotton and 49.7% metallic. The metallic yarn is constructed from mylar type metallized yarns and rayon. The overall fiber content of the fabric is 50.3% cotton, 31.4% rayon and 18.3% metallized yarns. Based upon this analysis, the garment is considered to be in chief weight of cotton.

The applicable subheading for style 12805 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for tank tops of cotton for women. The rate of duty will be 20.6 percent ad valorem.

Style 12805 falls within textile category designation 339. Based upon international textile trade agreements, products of Hong Kong are subject to quota restraints and a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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