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NY H89784




May 1, 2002

CLA-2-61:RR:NC:WA:361 H89784

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Mr. Joseph Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two women’s knit top from Bangladesh or China.

Dear Mr. Hoffacker:

In your letter dated, March 27, 2002, on behalf of your client Ariela-Alpha, you requested a classification ruling.

The submitted samples are described as follows:

Style #327-01- a woman’s 100% cotton top, which extends to the waist and features ¼ inch elasticized spaghetti straps, a V-shape neckline in front, a shelf bra lining, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

Style #327-02 - a woman’s 95% cotton, 5% spandex knit top, which extends to the waist and features ¼ inch elasticized adjustable spaghetti straps, a U-shape neckline in front, a shelf bra lining, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

You have indicated that the submitted garments will be sized for women.

We are returning your sample as you requested. The applicable subheading for the tops, Style #’s 327-01 & 327-02 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted:Of cotton, tops, women’s or girls’. T he duty rate will be 10.9 % ad valorem.

The tops, Style #’s 327-01 & 327-02, fall within textile category designation 339. Based upon international textile trade agreements products of China and Bangladesh are subject to the requirement of a visa and quota restraints.

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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director,

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