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NY F86782

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June 5, 2000

CLA-2-61:DD:C:D:I01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090; 6109.90.8030

Mr. Peter Weinrauch
Import Commodity Group Ltd.
Customhouse Brokers & Forwarders
131 East Merrick Road, 2nd Floor
Valley Stream, NY 11581

RE: The classification of women’s upper body garments from China.

Dear Mr. Weinrauch:

In your letter dated April 4, 2000, on behalf of Momentrends, Inc., you requested a tariff classification ruling.

Style number 0562 is a women’s 63% silk, 18% spandex, 13% rayon, 6% nylon knitted pullover constructed of over 9 stitches per two centimeters measured in the horizontal direction. The pullover features straps under two inches in width, long sleeves without cuffs which extend from the bottom of the armhole, leaving the shoulder partially bare. The rear of the garment is straight across the mid-back and the bottom of the garment is straight ribbed without tightening.

Style number 0565 is a women’s 63% silk, 18% spandex, 6% nylon knitted tank top. The tank top features double straps each under two inches in width, a scoop neck in the front and the rear and a straight ribbed bottom without tightening.

Your samples are returned as requested.

The applicable subheading for style number 0562 is 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of other textile materials: Other: Other: Other: Women’s or girls’. The rate of duty will be 6 percent ad valorem.

The applicable subheading for style number 0565 is 6109.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for t-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Other: Women’s or girls’: Other. The rate of duty will be 16.4 percent ad valorem.

Style numbers 0562 and 0565 fall within textile category designation 838. Based upon international textile and trade agreements, products of China are subject to quota and the requirements 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.CUSTOM.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,

Patrick O’Malley
Acting Port Director
Boston, Massachusetts

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See also:

• Tariff No.: 6109.90.80 - T-shirts, singlets tanktops and sim garments, of text mat (except cotton, mmf or long sleeve wool garments), cont under 70% wt of silk, k/c
• Tariff No.: 6110.90.90 - Sweaters, pullovers, sweatshirts, vests and sim articles, of text mat (except wool, cotton or mmf), containing under 70% by wt of silk, k/c