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NY D89618




May 4, 1999

CLA-2-61:EP:I25 D89618

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.8020

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

RE: The tariff classification of a womans knitted tank top from Hong Kong.

Dear Ms. Cheung:

This letter replaces our previous ruling letter dated April 7, 1999. The HTS number indicated in that ruling was incorrect. In your letter dated March 17, 1999 you requested a tariff classification ruling.

The garment, Style 27-12891, is a womans knit tank top of 100% merino wool fabric having more than 9 stitches per 2 centimeters in the horizontal direction. The garment features shoulder straps measuring over half an inch, a square neckline and a straight hemmed bottom. The garment is cut straight across the back at the middle of the shoulder blades and extends from the neck and shoulder area to slightly below the waist. The sample submitted for Customs examination will be returned to you under separate cover.

The applicable subheading for the garment will be 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 16.5 percent ad valorem.

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

Sincerely,

MANUEL C. ALVAREZ
Acting Service Port Director

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