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NY I86599





November 6, 2002

CLA-2-61:RR:NC:WA:361 NY I86599

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0070; 6110.30.3055

Mr. Patrick Pascarella, Vice President – Operations Viking Sea/Air Freight, Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

RE: The tariff classification of two woman’s knit garments from Hong Kong and Portugal.

Dear Mr. Pascarella:

In your letter dated October 7, 2002, you requested a classification ruling for two woman’s knit garments on behalf of Presidio International, Inc. The samples are being returned as you requested.

Style C5M216PO is a woman’s upper body garment, similar to a tank top, constructed from 95 percent cotton, 5 percent spandex knit fabric. The garment has one shoulder strap of 2 ¼ inches and one just under 2 inches; an asymmetrical neckline; and a plain hemmed bottom.

Style C5M950WT is a woman’s pullover constructed from 80 percent rayon, 20 percent wool knit fabric. The sleeveless pullover has four interwoven straps creating a front neckline, a square neckline in back, and a plain, hemmed bottom.

The applicable subheading for style C5M216PO will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank tops and similar garments, knitted or crocheted: Of cotton: women’s. The duty rate will be 17.4% ad valorem.

The applicable subheading for style C5M950WT will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers and similar garments, knitted or crocheted: Of cotton: women’s. The duty rate will be 32.4% ad valorem.

Style C5M216PO falls within textile category designation 339; style C5M950WT falls within textile category designation 639 . Based upon international textile trade agreements products of 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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