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NY E85735




September 14, 1999

CLA-2-62:RR:NC:TA:3:358 E85735

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054; 6211.42.0056

Ms. Lesa R. Hubbard
JC Penny Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: The tariff classification of girls’ woven tops from India.

Dear Ms. Hubbard:

In your letter dated August 5, 1999, you requested a tariff classification ruling.

The submitted samples, Style #4119, are described as follows:

Denim Crop Top – Constructed of 100% cotton woven denim fabric. The garment features a shirt type collar, long sleeves and a full front opening with a five- button closure. The top also has embroidered designs on the front panels and a hemmed bottom. The top does not reach the vicinity of the waist.

Plaid Crop Top – Constructed of 100% cotton woven poplin fabric. The garment features a shirt type collar, long sleeves, a full front opening with a five-button closure, and a hemmed bottom. The top does not reach the vicinity of the waist.

Plaid Elasticized Tank Top – Constructed of 100% cotton yarn dyed fabric. The garment is elasticized and features a square neckline, and shoulder straps measuring approximately 5/8” wide. The top reaches the vicinity of the waist.

Floral Elasticized Tank Top – Constructed of 100% cotton woven printed fabric. The garment is elasticized and features an allover floral design, a square neckline, and shoulder straps measuring approximately 5/8“ wide. The top reaches the vicinity of the waist.

You state in your letter that the garments will be imported for girls in sizes 7-16.

We are returning your samples as you requested.

The applicable subheading for the girl’s Crop Tops and the Plaid Elasticized Tank Top, Style #4119, will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments, other garments, women’s or girls’, of cotton, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206, with two or more colors in the warp and/or fillings. The duty rate will be 8.4% ad valorem.

The tops fall within textile category designation 341. Based upon textile trade agreements, products of India are presently subject to visa requirements and quota restraints.

The applicable subheading for the girl’s Floral Elasticized Tank Top, Style #4119, will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments, other garments, women’s or girls’, of cotton, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206, other. The duty rate will be 8.4% ad valorem.

The top falls within textile category designation 341. Based upon textile trade agreements, products of India are presently subject to visa requirements 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 at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV.

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. If you have any questions regarding the ruling, contact National Import Specialist Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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