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June 9, 1999

CLA-2-61:RR:NC:WA:361 E80770

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, N.Y. 10004

RE: The tariff classification of a woman's knit top from Korea.

Dear Ms. Baron:

In your letter dated April 13, 1999, you requested a tariff classification ruling for a woman’s top on behalf of Donna Karan Intimates, a division of Wacoal America, Inc. The sample is being returned, as you requested.

Style 362143 is a top constructed from 79% nylon, 21% spandex knit fabric. The top has 1/8 inch elasticized shoulder straps; a modified u-shaped neckline in front; and a hemmed bottom. The upper edge of the back is cut straight across from side seam to side seam. The garment has plastic bugle beads scattered over the front panel.

The applicable subheading for the top will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted, of man-made fibers, tops, women’s and girls’. The rate of duty will be 29.1 percent ad valorem.

The top falls within textile category designation 639. Based upon international textile trade agreements, garments imported from Korea are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 this ruling letter should be attached to the entry documents filed 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski

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