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NY I87328




November 15, 2002

CLA-2-61:RR:NC:WA:361 I87328

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Ms. Alpha Robinson
Lane Bryant
8655 East Broad Street
Reynoldsburg, OH 43068

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

Dear Ms. Robinson:

In your letter dated September 3, 2002, you requested a tariff classification ruling.

The submitted sample, Style #662548, is a woman’s top constructed from 92% nylon, 8% spandex knit fabric. The sleeveless garment features a modified u-shaped neckline, elasticized shoulder straps, a shelf-bra, and an elasticized hemmed bottom. The garment also has lace trim around the front of the neckline, and on half of the elasticized shoulder straps. The upper portion of the back is cut straight across from side seam to side seam.

We are returning your sample as you requested.

The applicable subheading for Style 662548, will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, tops, women’s or girls’. The rate of duty will be 28.6% ad valorem.

Style 662548, falls within textile category designation 639. Based upon international textile trade agreements this category, from China is presently subject to quota restraints and 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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