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January 5, 1999

CLA-2-61:PD:A:TC:I:I27 D85665

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.4020

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 December 10, 1998, you requested a tariff classification ruling.

The submitted sample, style #22-23983, is a woman’s tank top constructed from 100% silk knitted fabric. The tank top is sleeveless, has permanently attached shoulder straps that are less than two inches in width, and a straight bottom. The garment features a v-neckline in front and a square neckline in back. Both necklines drop below the nape of the neck of the wearer.

The submitted sample will be returned under separate cover.

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% ad valorem.

The tank top falls within textile category designation 739. Based upon international textile trade agreements, products of Hong Kong within category 739 are not subject to quota restraints or the requirement of a visa. Products of China within category 739 are not subject to quota. However, products of China within category 739 are subject to the requirement of a visa through December 31, 1998. Note that the visa requirement for silk apparel products from China has been eliminated effective January 1, 1999.

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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