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NY G80156




August 28, 2000

CLA-2-61:RR:NC:WA:361 G80156

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.10.0040; 6114.30.1020

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

RE: The classification of women’s tops from Hong Kong.

Dear Mr. Kelly:

In your letter dated July 25, 2000, on behalf of your client Jones Apparel Group USA, Inc., you requested a classification ruling.

The submitted samples are described as follows:

Style #EITIB2628 – a woman’s knit top constructed from 100% lambswool fabric. The garment features a v-neckline in front, shoulder straps measuring approximately 3/8 inch in width, and a self-finished bottom. The upper edge of the back of the garment is cut straight across, from side seam to side seam.

Style #EIKO40298B – a woman’s knit top constructed from 90% polyester, 10% spandex fabric. The garment features a boat neckline in front, a deep scoop back, shoulder straps measuring approximately a 1/2 inch in width, and a straight hemmed bottom. There is no coverage of the upper half of the back.

The applicable subheading for the Top, Style #EITIB2628 will be 6114.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of wool or fine animal hair, tops, women’s or girls’. The rate of duty will be 14% ad valorem.

Style #EITIB2628, (Top) falls within textile category designation 438. Based on international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement and quota restraints.

The applicable subheading for the Top, Style #EIK040298B will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, tops, women’s or girls’. The rate of duty will be 28.9 % ad valorem.

Style #EIK040298B (Top) falls within textile category designation 639. Based on international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement and quota restraints.

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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