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NY I88214




December 3, 2002

CLA-2-61:RR:NC:WA:361 NY I88214

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Mr. Roc Chen
Amelotte International Corp.
1359 Broadway Suite 612A
New York, NY 10018

RE: The tariff classification of a woman’s halter-top from China

Dear Mr. Chen:

In your letter dated November 4, 2002, you requested a classification ruling for a woman’s halter-top. This item is being returned as you requested..

Style 322I-5963J is a woman’s halter-top constructed from both crocheted and “fake suede” knit fabric. The “fake suede” is made from 100 percent polyester knit fabric and is used for the bra portion of the halter. The crocheted fabric is 55 ramie, 45 percent cotton and is used for the balance of the garment, the portion below the bra that extends to the waist in both front and back. The halter has narrow straps that tie around the neck; a v-neckline in front; and a self-start bottom.

As noted above, the garment is made up of two different types of fabric, knit polyester “fake suede” and knit crocheted ramie/cotton blend. As such, the garment is considered a composite good, with the classification determined by that fabric that provides the essential character. In this case, the ramie cotton crocheted fabric provides the essential character, therefore, the garment is considered to be of vegetable fibers.

The applicable subheading for style 322I-5963J will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of other textile materials: Tops. The duty rate will be 5.7 percent ad valorem.

Style 322I-5963J falls within textile category designation 838. Based upon international textile trade agreements this category from China is subject neither to quota nor to 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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