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NY H87399





February 26, 2002

CLA-2-61:RR:NC:WA:361 NY H87399

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065; 6110.30.3055

Mr. James Kelly
Atty in Fact
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated February 1, 2002, you requested a classification ruling for two women’s garments on behalf of Jones Apparel Group, USA, Inc.. These items are being returned as you requested..

Style M21850618B is a woman’s tank top constructed from 100 percent polyester knit fabric. The garment has ½-inch shoulder straps; a u-shaped neckline in front and back; and a plain hemmed bottom.

Style M21850618J is a woman’s shirt styled garment constructed from 90 percent nylon, 10 percent spandex knit openwork fabric. The fabric of the garment contains approximately 7 stitches per one centimeter in the horizontal direction. The garment has a shirt collar; a full front opening with a button closure; long hemmed sleeves; and a plain, hemmed bottom.

The applicable subheading for style M21850618B will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank topsknitted or crocheted: Of man-made fibers: women’s. The duty rate will be 32.4 percent ad valorem.

The applicable subheading for style M21850618J will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweatersand similar articles, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 32.4 percent ad valorem. Both styles fall within textile category designation 639. 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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