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NY C80481



October 24, 1997
CLA-2-61:NEW:TCB I:I19 C 80481

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.4020

Mr. Kevin Maher
C-Air Custom House Brokers-Forwarders, Inc. 153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of a woman's silk tank top from China.

Dear Mr. Maher:

In your letter dated October 2, 1997, on behalf of Filare, you requested a tariff classification ruling.

A sample was submitted. It is a woman's tank top designated as style number 5027. It is made of 100% silk knit fabric. The fabric is a two by two rib knit. The body of the tank is U-shape in the front and the back. The straps are a self fabric binding that is used to cap the top of the body of the garment. It has a straight hemmed bottom. As you have requested, the sample garment is being returned.

The applicable subheading for the tank top will be 6109.90.4020 Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, containing 70 percent or more by weight of silk or silk waste, women's or girls. The rate of duty will be 12.7 percent ad valorem.

The tank top falls within textile category designation 739. As a product of China, this merchandise is currently subject to visa requirements and quota restraint based upon international textile trade agreements.

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 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,

Kathleen M. Haage

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