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NY G84499




January 24, 2001

CLA-2-61:RR:NC:TA:361 G84499

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.8030

Ms. Shelly Post
Limited Distribution Services
1114 Avenue of the Americas
New York, NY 10036

RE: The tariff classification of two women’s knit tank tops from Korea.

Dear Ms. Post:

In your letter dated November 14, 2000, you requested a classification ruling for two women’s knit garments. The samples are being returned, as you requested.

Style CS6901H0 is a woman’s tank top constructed from 83% nylon, 17% metallic knit fabric. The tank top has ¼ inch adjustable shoulder straps; a U-shaped neckline in front and back; and a plain hemmed bottom. Two plies of nylon are twisted with one ply of metallic to form the yarn used to knit the fabric of the garment.

Style CS0802H0 is a woman’s tank top constructed from 84% rayon, 16% metallic knit fabric. The tank top has ¼ inch adjustable shoulder straps; a U-shaped neckline in front and back; and a plain hemmed bottom. One ply of rayon is twisted with one ply of metallic to form the yarn used to knit the fabric of the garment.

Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber,” for purposes of classification at the six and eight digit levels. Based on the information you provided, both garments are constructed using a single yarn that includes metallic fibers. As such, the garment is considered to be of “other fibers.”

The applicable subheading for both garments will be 6109.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank topsknitted or crocheted: Of other textile materials: women’s or girls. The duty rate will be 16.3 percent ad valorem. Effective January 1, 2001, the duty rate will be 16.3 percent ad valorem.

Both styles fall within textile category designation 838. Based upon international textile trade agreements products of Korea 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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