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October 30, 1998

CLA-2-61:PD:A:TC:I:I27 D83186

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.8030

Rebecca Cheung
Ann Taylor Global Sourcing, Inc.
1372 Broadway, 6/FL.
New York, NY 10018

RE: The tariff classification of a woman’s tank top from Hong Kong or China

Dear Ms. Cheung:

In your letter dated September 30, 1998, you requested a tariff classification ruling.

The submitted sample, style #23957 (or 23-23957) is a woman’s tank top constructed from 58% linen, 48% cotton rib knit fabric. The fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The tank top is sleeveless and has shoulder straps that are 3/8 inches in width. The garment features a scoop neck front and back and a straight bottom.

You have indicated in your letter that the fabric is a blend of 58% linen and 48% cotton. Garments which are claimed to be constructed from such a blend may be subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the garment.

The submitted sample will be returned under separate cover.

The applicable subheading for the tank top will be 6109.90.8030 Harmonized Tariff Schedule of the United States (HTS), which provides for woman’s t-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: other: women’s or girl’s: other. The rate of duty will be 16.6% ad valorem.

The tank top falls within textile category designation 838. Based upon international textile trade agreements, products of Hong Kong are subject to quota and to the requirement of a visa, and products of China are subject to quota and to 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,

(Signed by)
Jayson P. Ahern
Port Director

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