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NY G84672




December 18, 2000

CLA-2-62: G03 G84672

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Diane Burgos
S. J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of girls’ tops from Nepal

Dear Ms. Burgos:

In your letter dated November 22, 2000 you requested a tariff classification ruling on behalf of your client, Cherry Stix, Ltd.

You have submitted five samples. Each is made from a woven fabric that you state is 100% cotton. Each top essentially covers the area from the neck to slightly below the waist. Each style will be imported in girls’ sizes 4 to 16. Except as noted, all styles have a back neckline that is cut straight across from side seam to side seam; narrow self-fabric shoulder straps joining the front to the back; and a hemmed bottom.

Style 5343T/44T has square neckline in the front. There is a back opening partially secured by a three-button closure on the center upper back. The area below these buttons remains open.

Style 5340T has a square neckline in the front. The upper third of the back is elasticized. The remainder of the back consists of a right and a left panel. A gap is created where these two do not meet. A pair of self-fabric tie strings may be used to loosely bridge this gap.

Style 5337T/38T has a halter neckline, which ties in a bow at the back of the neck. The center back seam joins only the upper half of the back, while the lower half remains open. The bottom of this garment is finished with a ruffled edge.

Style JD5336 has a cross over v neckline in the front. The back has a full center opening that is secured by six plastic buttons. The bottom of this garment is finished with embroidered eyelet trim.

Style JD5335 has a scoop neckline in both the front and back. This style has a side seam zipper. The garment front consists of three panels. The upper portion is a single panel. The bottom front is divided into a right and left panel. These meet at the center front where they are joined to the top panel. They are stitched together for less than one inch and are split open and spread apart to create an upside down v notch that reveals a bare midriff.

The applicable subheading for each of these tops will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Of cotton: Other. The rate of duty will be 8.3 percent ad valorem.

These garments fall within textile category designation 359. Based upon international textile trade agreements, products of Nepal in category 359 are subject to 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 be verified at the time of shipment.

In accordance with your request, your samples will be returned to you separately.

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 Field National Import Specialist Susan David at (415) 782-9366 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Alice M Rigdon
Port Director

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