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NY F83279




March 17, 2000

CLA-2-61:RR:NC:WA:361 F83279

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2075

Ms. Betty Coates
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The classification of a woman tank top and pullover from Turkey.

Dear Ms. Coates:

In your letter dated February 11, 2000, you requested a classification ruling.

The submitted are described as follows:

Style #5704 – A woman’s tank top constructed from 100% cotton knit fabric. The garment is sleeveless, extends below the waistline, and features a square neckline, shoulder straps measuring approximately ¼ inch in width and an elasticized lace trimmed bottom.

Style #6865 – A woman’s pullover constructed from 100% cotton knit fabric. The garment is sleeveless and features a vee neckline in front, a rounded neckline in back that does not fall below the nap of the neck, and a hemmed bottom. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction.

You have referred to these garments as “Sleepwear.” However, based on their physical characteristics and appearance, we do not believe they are intimate garments of heading 6108. The applicable subheading for the Tank Top, Style #5704,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 rate of duty will be 18.3% ad valorem.

The Tank Top falls within textile category designation 339. Based upon international textile trade agreements products of Turkey are subject to quota and the requirement of a visa.

The applicable subheading for the Pullover Style #6865,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, women’s or girls’. The rate of duty will be 18.2% ad valorem.

The Pullover falls within textile category designation 339. Based upon international textile trade agreements products of Turkey 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.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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