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NY J81364




March 18, 2003

CLA-2-61:RR:NC:WA:361 NY J81364

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010; 6109.10.0060

Mr. Ken Skillman
Vanity Fair
3025 Windward Plaza
Alpharetta, GA 30005

RE: The tariff classification of women’s knit garments.

Dear Mr. Skillman:

In your letter dated, February 12, 2003, you requested a classification ruling.

The submitted samples are described as follows:

Style #2195-1 - a woman’s top constructed from 69% cotton, 26% polyester, and 5% spandex knit fabric. The garment extends to the waist and features a modified U-neckline in front, elasticized adjustable shoulder straps measuring approximately ¼" in width, an inner “shelf-bra lining”, four vertical ruffles at the front chest area, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

Style #2195-1-A - a woman’s top constructed from 69% cotton, 26% polyester, and 5% spandex knit fabric. The garment extends to the waist and features a modified V-neckline in front with a small metal ornament stitched to the point of the V, elasticized adjustable shoulder straps, measuring approximately ¼" in width, an inner “shelf-bra lining”, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam. Each shoulder strap is trimmed with a one inch wide woven eyelet embroidered ruffle.

Style #2195-1-B - a woman’s racer back tank top constructed from 69% cotton, 26% polyester, and 5% spandex knit fabric. The garment extends to the waist and features a modified V-neckline trimmed with a ½" strip of woven fabric decorated with metal grommets, shoulder straps measuring approximately 1" in width, an inner “shelf-bra lining”, and a hemmed bottom.

We are returning your samples as you requested.

The applicable subheading for the tops, Styles 2195-1 and 2195-1A, 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.

The applicable subheading for the tank top, Style 2195-1B, will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), whic5 provides for tank tops and similar garments, knitted or crocheted:Of cotton, women’s or girls’, tank tops, women’s. The duty rate will be 17 % ad valorem.

The tops, Styles 2195-1, 2195-1A, and the tank top Style 2195-1B, fall within textile category designation 339. 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,

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