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NY G81405




October 12, 2000

CLA-2-61:RR:NC:WA:361 G81405

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Mr. Roger Heumann
Olympia Sports
500 Executive Blvd
Elmsford, NY 10523

RE: The classification of a woman’s textile and leather top from China.

Dear Mr. Heumann:

In your letter dated August 14, 2000, with supplemental information provided in your letter of September 6, 2000, you requested a classification ruling for a woman’s knit textile and leather top. The sample is being returned, as you requested.

Style 97732-01vw is a woman’s top constructed from leather and knit fabric. The knit portion is composed of 80% nylon, 20% spandex fibers. The sleeveless top has ½ inch shoulder straps; a v-shaped neckline in front; and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam. The leather portion of the top includes the front half of the straps; the shaped cups; and a panel in front. The textile portion of the garment includes the back half of the straps; two panels in the front; and the entire back.

Because the garment is made up of both textile fabric and leather, it is considered to be a composite good, under the General Rules of Interpretation (GRI) 3(c). Since neither the leather nor the textile portion provides the essential character to the garment, the garment is classified under the heading that appears last, which is the textile heading.

The applicable subheading for style 97732-01vw 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 percent ad valorem.

Style 97732-01 falls within textile category designation 639. Based upon international textile trade agreements products of China 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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