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December 1, 1998

CLA-2-61:PD:TC:MEF:G28 D84939

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1070; 6211.43.0091

Ms. Diane Burgos
Stile Associates Ltd.
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of a Girls Polyester Tank Top and Sheer Flyway Top from Lesotho

Dear Ms. Burgos:

In your letter dated November 18, 1998, you requested a tariff classification ruling on behalf of Cherry Stix Ltd., 1403 Broadway, New York, New York 10018.

The sample provided, Style Number 8756W-59W, is comprised of two garments: Tank Top and Sheer Flyway Top. The Sheer Top is stitched to the tank top at the shoulder seams. The top stitching is easily removed without damage to either garment. The 100% Polyester Knit Tank Top features a U-shaped neckline, shoulder straps of approximately 1" in width, and a hemmed bottom. The 100% Polyester Woven Sheer Flyway Top features cap sleeves, a full front opening, and hemmed bottom. Two ties are formed by piping which extends around the neckline and down each side of the front opening. You state the Girls’ size range for both the Tank Top and the Flyway Sheer Top will be 7, 8-10,12-14, and 16. The sample will be returned to you as requested.

The applicable subheading for the Girls’ 100% Polyester Knit Tank Top will be 6109.90.1070, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers: Women’s or girls’: Tank tops and singlets: Girls’. The rate of duty will be 33.2%.

The applicable subheading for the 100% Polyester Woven Flyway Sheer Top will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: Other. The rate of duty will be 16.6%.

The Polyester Knit Tank Top falls within textile category designation 639. The Polyester Woven Flyway Sheer Top falls within textile category designation 659. Based upon international textile trade agreements, products of Lesotho are subject to the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and/or 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,

Carole E. Graves
Port Director

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