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NY E89977




December 22, 1999

CLA-2-61:RR:NC:WA:361 E89977

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010; 6109.10.0060

Mr. Alan Woodruff
Lerner New York
460 West 33rd Street
New York, NY 10001

RE: The tariff classification of a halter top and tank tops from Honduras and Hong Kong

Dear Mr. Woodruff:

In your letter dated November 19, 1999, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted four samples. Style 3215 is a woman’s 95% cotton and 5% spandex knit halter top. The garment features a button and loop to fasten the halter, built in shelf bra, the words “ new york jeans” printed on the chest and a hemmed bottom with an adjustable drawstring.

Style 3218 is a woman’s 95% cotton and 5% spandex knit tank top. The garment features a U-shaped neckline in the front and back, shoulder straps less than two inches wide, contrasting piping around the neckline and the armholes, the words “ new york jeans” printed on the chest and a hemmed bottom .

Style 3225 is a woman’s 95% cotton and 5% spandex knit tank top. The garment features a U-shaped neckline in the front and back, shoulder straps less than two inches wide, lace-like trim around the neckline and the armholes , the words “ NY Khakis and new york & company” printed on the chest and a hemmed bottom.

We are unable to rule on style 3239 because the sample is incorrect in length and this factor may affect classification.

The applicable subheading for style 3215 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 duty rate will be 11.2 percent ad valorem. The duty rate for 2000 will be 11.1 percent ad valorem.

The applicable subheading for styles 3218 and 3225 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton, women’s or girls’: other: tank tops: women’s. . The duty rate will be 18.8 percent ad valorem. The duty rate for 2000 will be 18.3 percent ad valorem.

All styles 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. Products within textile category 339 are not subject to quota and the requirement of a visa at this time.

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.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 DeGaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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