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NY E89910




December 2, 1999

CLA-2-61: CO: CH: DGD IO5 E89910

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075, 6114.20.0010

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two women’s knitted upper body garments from Hong Kong

Dear Mr. Kelly:

In your letter dated November 16, 1999, you requested a tariff classification ruling on behalf of your client, Jones Apparel Group USA, Inc. of Bristol, PA.

The submitted sample, Style W1TT21378, is a finely knitted women’s garment constructed of 100% cotton which you refer to as a tie back camisole. The top is sleeveless and features a square neckline, half inch shoulder straps, two ties in the back, and a hemmed bottom. The back panels are rounded inward and provide no back shoulder coverage and only partial coverage of the wearer’s back.

The second garment, Style W1TW21508, is a sleeveless, knitted garment constructed of 88% cotton, 11% nylon and 2% spandex. It has a scoop neckline, a full frontal closure secured by hooks and eyes, one and a half inch shoulder straps, and a hemmed bottom. The placement of the hooks and eyes creates gaps in the front closure.

The applicable subheading for Style W1TT21378 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of cotton: tops: women’s or girls’. The rate of duty will be 11.2%.

The applicable subheading for Style W1TW21508 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s or girls’. The rate of duty will be 18.6%.

Styles W1TT21378 and W1TW21508 fall within textile category designation 339. 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 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.

Sincerely,

Robyn Dessaure
Port Director

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