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NY H83822




August\ 6, 2001

CLA-2-61:RR:NC:WA:361 H83822

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.1020

Mr. Bill Sullivan
MSAS Global Logistics
248-06 Rockaway Blvd.
Jamaica, NY 11422

RE: The tariff classification of a woman’s top from China.

Dear Ms. Sullivan:

In your letter dated July 17, 2001, on behalf of your client Newport News, Inc., you requested a tariff classification ruling.

The submitted sample, Style #S02-04-019, is a woman’s crocheted top constructed from 70% silk, 30% cotton knit fabric. The garment is sleeveless and features a round neckline in front, and sequins on the front panel. The top also has shoulder straps measuring approximately ¼ inch in width, and side slits at the bottom on both sides. The upper edge of the back of the garment is cut straight across, from side seam to side seam.

You have indicated in your letter that the fabric is a blend of 70% silk, and 30% cotton. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and the textile category designation of the subject garment.

We are returning your sample as you requested.

The applicable subheading for the Top, Style #SO2-04-019 will be 6114.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of other textile materials, containing 70 percent or more by weight of silk or silk waste, tops, women’s or girls’. The rate of duty will be 2.4% ad valorem.
Style #S02-04-019, Top falls within textile category designation 739. Based upon international textile trade agreements this category from China is not subject to quota restraints or visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV.

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 DeGaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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