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NY E89350




January 13, 2000

CLA-2-61:RR:NC:TA:361 E89350

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6211.49.9090

Mr. Douglas H. K. Lancaster
Import Manager
International News
19226 70th Avenue So.
Kent, WA 98032

RE: The tariff classification of women’s garments from Hong Kong or China.

Dear Mr. Lancaster:

In your letter dated November 15, 1999, you requested a classification ruling for two women’s knit tops and one women’s woven upper body garment. The samples are being returned, as you requested.

Style 02W-5901 is a woman’s sleeveless top constructed from 73% acrylic, 21% nylon, and 6% spandex knit fabric. The top has shoulder straps; a u-shaped neckline in front and back; and a tubular knit bottom. The top does not reach the waist.

Style 02W-5903 is a woman’s sleeveless top constructed from 73% acrylic, 21% nylon, and 6% spandex knit fabric. The top has shoulder straps; and a u-shaped neckline in front and back. The front panel of the garment is approximately four inches longer than the back. The bottom of the front panel has a belt like extension that will be fastened around the wearer’s torso. Neither the front nor the back panel of the garment reaches the waist.

Style 02W-3803 is a woman’s sleeveless upper body garment constructed from 55% linen, 45% rayon woven fabric. The garment has shoulder straps; a u-shaped neckline in front; and a hemmed bottom. The back of the garment is open, and may be closed with three sets of ties. The upper body garment does not reach the waist.

The applicable subheading for styles 02W-5901 and 02W5903 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: tops: women’s. The duty rate will be 28.9 percent ad valorem.

The applicable subheading for style 02W-3803 will be 6211.49.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: Of other textile materials: Other. The duty rate will be 7.5 percent ad valorem.

Styles 02W-5901 and 02W5903 fall within textile category designation 639; style 02W-3803 falls within textile category designation 859. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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