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NY I89904




February 25, 2003

CLA-2-61:RR:NC:WA:361 I89904

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.8030

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road, 2nd Fl.
Valley Stream, NY 11580

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

Dear Mr. Weinrauch:

In your letter dated January 16, 2003, on behalf of your client Mometrends Inc., you requested a tariff classification ruling.

The submitted sample, Style #S34503 is a woman’s tank top constructed from 68% silk, 32% spandex knit fabric. The garment is sleeveless, extends below the waistline and features a U-shaped neckline in front, a modified U-neckline in back, shoulder straps measuring approximately 1¼" in width at the top of the shoulder, a keyhole opening at the chest area, and a tubular knit bottom.

We are returning your sample as you requested.

The applicable subheading for the Tank Top, Style S34503 will be 6109.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank tops and similar garments, knitted or crocheted: Of other textile materials, other women’s or girls’, other. The duty rate will be 16.1% ad valorem. The Tank Top, Style S34503 falls within textile category designation 838. Based upon international textile trade agreements this category from China is not subject to quota restraints or 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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