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NY I81965




June 21, 2002

CLA-2-61:RR:NC:WA:361 NY I81965

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6114.20.0010

Mr. Alan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of a woman’s knit tank top and top from China.

Dear Mr. Kamnitz:

In your letter dated May 20, 2002, you requested a classification ruling for three woman’s knit garments on behalf of O’Bryan Brothers, Inc. The samples are being returned as you requested.

Style 236540 is a woman’s top constructed from 90 percent cotton, 10 percent spandex knit fabric. The top has ¼ inch adjustable shoulder straps, a u-shaped neckline in front, and a plain, hemmed bottom. The upper edge of the back extends straight across from side seam to side seam, exposing the upper third of the back. The top also has a built in shelf bra with an underwire.

Style 296540 is a woman’s top constructed from 90 percent cotton, 10 percent spandex knit fabric. The top has ¼ inch adjustable shoulder straps, a v-shaped neckline in front, and a plain, hemmed bottom. The upper edge of the back extends straight across from side seam to side seam, exposing the upper third of the back. The top also has a built in shelf bra.

Style 236740 is a woman’s tank top constructed from 90 percent cotton, 10 percent spandex knit fabric. The tank top 1-¼ inch shoulder straps, a modified square neckline in front and back, and a plain, hemmed bottom. The top also has a built in shelf bra with an underwire.

The applicable subheading for style 236740 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank topsknitted or crocheted: Of cotton: women’s. The duty rate will be 17.4% ad valorem.

The applicable subheading for styles 236540 and 296540 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’. The duty rate will be 10.9% ad valorem.

All three styles fall within textile category designation 339. Based upon international textile trade agreements products of China 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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