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NY I80051





May 2, 2002

CLA-2-61:RR:NC:WA:361 I80051

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065

Ms. Cickie Wallertz
Newport News, Inc.
711 Third Avenue
New York, NY 10017

RE: The tariff classification of a woman’s tank top, from Peru.

Dear Ms. Wallertz:

In your letter dated March 28, 2002, you requested a tariff classification ruling.

The submitted sample, Style #SO-07-078, is a woman’s modified racer back tank top constructed from 90% nylon, 10% spandex knit fabric. The garment is sleeveless, extends below the waistline and features a square neckline in front and back, elasticized spaghetti straps, a modified racer back, and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for Style #SO-07-078 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, of man-made fibers, women’s or girls’, tank tops and singlets, women’s. The rate of duty will be 32.4% ad valorem.

Style #SO-07-078, falls within textile category designation 639. Based upon international textile trade agreements this category, from Peru is not subject to quota restraints but is subject to visa requirements. 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 212-637-7029.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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