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December 30, 1998

CLA?2?61:DD:C:D:I01 D85352

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.4020

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

RE: The classification of a women's tank top from China.

Dear Ms. Dairo:

In your letter dated December 2, 1998, you requested a tariff classification ruling.

Style number 93413 is a women's 78% silk, 20% nylon, 2% spandex knit tank top. The tank top features rib shoulder straps under two inches in width, a scoop neck front and rear and a ribbed knit bottom.

Your sample is returned as requested.

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: Of other textile materials: Containing 70 percent or more by weight of silk or silk waste: Women's or girls'. The rate of duty will be 11.2 percent ad valorem.

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

The designated textile and apparel category may be subdivided into parts. If so, visa and quota restraints applicable to the subject merchandise may be affected since part categories are subject to frequent 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 this ruling should be attached to the entry documents 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,

Victor G. Weeren Port Director
Boston, Massachusetts


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