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NY I83040





June 26, 2002

CLA-2-61:RR:NC:WA:361 NY I83040

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Ms. Marlene Bautista
Sears, Roebuck and Co.
3333 Beverly Road BC 175A-B
Hoffman Estates, IL 60179

RE: The tariff classification of a woman’s knit top from Mexico, Hong Kong or China.

Dear Ms. Bautista:

In your letter dated June 11, 2002, you requested a classification ruling for a woman’s knit garment. The sample is being returned as you requested.

Style 1042 is a woman’s top constructed from 95 percent cotton, 5 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 padded shelf bra with an underwire.

The applicable subheading for style 1042 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.

Style 1042 falls within textile category designation 339. Based upon international textile trade agreements products of China and 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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