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NY D81366




September 2, 1998

CLA-2-61:RR:NC:WA:361 D81366

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.8020

Ms. Melba R. Dairo
Federated Merchandising Group
1440 Broadway
New York, NY 10018

RE: The tariff classification of women's knitted tank top from China

Dear Ms. Dairo:

This ruling replaces our previous ruling letter, PD C89366 which was issued to you on June 29, 1998. The HTS number indicated in that ruling was incorrect due to a clerical error.

Style No. 89450A is a woman's 89% cashmere 10% nylon 1% spandex knitted pullover garment having more than 9 stitches per 2 centimeters in the horizontal direction. The garment is sleeveless and falls below the waist, featuring a 1/4 inch jersey straight tubular bottom. The garment has a U-shaped neckline with the front and back neck drop falling below the nape of the neck. Shoulder straps measure 1-3/4 inches wide.

The applicable subheading for style number 89450A is 6109.90.8020, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, other, women's or girls, of wool. The rate of duty will be 16.6%.

The tank top falls within textile category designation 438. Based upon international textile trade agreements, products of China 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Robert B. Swierupski
Director,

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