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NY H83953




August 7, 2001

CLA-2-61:RR:NC:WA:361 H83953

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6114.30.3070

Ms. Nancy Yung
Import Coordinator
KSK International
1411 Broadway
New York, Y 10018

RE: The classification of three women’s knit garments from Hong Kong.

Dear Ms. Yung:

In your letter dated July 17, 2001, you requested a classification ruling for three women’s garments top. As requested, the samples are being returned to you under separate cover.

Style AS6331 is a woman’s top constructed from 68% rayon, 32% nylon jersey knit fabric. The “bikini top” is made up of two triangular pieces of fabric attached at the bottom with a string that ties around the wearer’s back; and a string at the top of each triangle that ties behind the wearer’s neck.

Style AS3301 is a woman’s brief constructed from 68% rayon, 32% nylon jersey knit fabric. The brief has a 1½ inch covered elasticized waistband and a rib knit finish to the leg openings.

Style AS3321 is a woman’s bikini brief constructed from 68% rayon, 32% nylon jersey knit fabric. The brief has a ¼ inch covered elasticized waistband and a tunnel knit finish to the leg openings.

You have indicated that these garments are not intended for wear as underwear. A physical examination of these styles supports the claim that they are intended to be seen when worn.

The applicable subheading for style AS6331 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.

The applicable subheading for styles AS3301 and AS3321 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The rate of duty will be 15.3 percent ad valorem.

Style AS6331 falls within textile category designation 639; styles AS3301 and AS3321 fall within textile category designation 659. Based upon international textile trade agreements products of Hong Kong 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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