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NY I81658




June 10, 2002

CLA-2-61:RR:NC:3:353 I81658

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1012

Ms. Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a coated textile top from China.

Dear Ms. Weinberg:

In your letter dated May 14, 2002, on behalf of Bernard Chaus, Inc., you informed us of changes that have been made to a Style 16001 Top that had been the topic of ruling NY H88314, dated March 26, 2002. This ruling addresses those changes. The sample will be returned to you as requested.

Style 16001 is a ladies sleeveless top with a square neckline. The top reaches from the neck to the vicinity of the waist. Information supplied and examination of the garment reveals the top has front panels that are constructed of a buffed knit fabric that is coated with a compact polyurethane plastic. The plastic completely obscures the underlying fabric. The back panel is composed of a rib-knit 70% rayon, 30% nylon fabric. The compact plastic coated knit fabric imparts the essential character of style 16001 Top.

The applicable subheading for the Style 16001 Top will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other.” The rate of duty will be 4.6% ad valorem.

There are no quota or visa requirements for this merchandise.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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