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NY E89541




December 9, 1999

CLA-2-61:RR:NC:WA:361 E89541

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065; 6110.30.3055

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of a woman’s pullover and tank top from Hong Kong..

Dear Ms. Baron:

In your letter dated November 5, 1999, you requested a classification ruling for a style composed of a woman’s attached pullover and tank top, on behalf of Loyaltex Apparel Limited. The item is being returned, as you requested.

The submitted item, style 1984, is made up of two garments, a pullover and a tank top. The tank top is tacked to the inner seams of the pullover at the top of the shoulders.

The pullover portion of this style is constructed from 100% nylon knit mesh fabric with embroidery. The pullover features a rounded neckline; short hemmed sleeves, and a hemmed bottom.

The tank top portion of this style is constructed from 100% polyester knit fabric. The tank top has a U-shaped neckline in front and back; shoulder straps that measure just less than two inches; and a hemmed bottom.

Although you have indicated that the two garments are permanently attached, they are simply tacked together, and may be easily detached without damage to either garment. The two parts of style 9211396 are, therefore, considered separate garments, and, in accordance with note 13 to section XI, each garment will be each classified in its own headings, and not as a set.

The applicable subheading for the pullover portion of style 1984 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers...and similar articles, knitted or crocheted, of man-made fibers: women or girls. The rate of duty will be 33.1 percent ad valorem. The rate of duty as of January 1, 2000 will be 32.9 percent ad valorem.

The applicable subheading for the tank top portion of style 1984 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for tank topsknitted or crocheted: of man-made fibers: women’s. The rate of duty will be 33 percent ad valorem. The rate of duty as of January 1, 2000 will be32.8 percent ad valorem.

The pullover and tank top of style 1984 both fall within textile category designation 639. Based upon international textile trade agreements, products of Hong Kong 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
Director,

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