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NY D80178




August 7, 1998

CLA-2-61:CO:CH:DGD:IO5 D80178

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Ms. Jill Shepherd
C.F.L. West
3185 H' Airway Avenue
Costa Mesa, CA 92626

RE: The tariff classification of a woman's knitted linen/cotton upper body garment from Hong Kong

Dear Ms. Shepherd:

In your letter, dated July 6, 1998, you requested a tariff classification ruling. You indicated that this item will be sold by Spiegel Inc. of Downers Grove, Il.

The submitted sample, Style 6374S, is a woman's top constructed of 65% linen, 35% cotton finely knitted fabric. The garment, which extends to below the waist, features a halter neck treatment with one quarter inch drwastring which ties behind the neck; an elasticized straight edge back from side seam to side seam; and a straight hemmed bottom.

The applicable subheading for the halter top will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of other textile materials: other: tops. The rate of duty will be 5.8%.

Style 6374S falls within textile category designation 838. Based upon international textile trade agreements, products of Hong Kong are subject to quota and the requirement of a visa.

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. 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 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.

Sincerely,

Larry Shirk
Acting Port Director,

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