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NY J81873





March 31, 2003

CLA-2-61:RR:NC:WA:361 NY J81873

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6114.20.0010; 6114.30.1020

Mr. Patrick Pascarella
Viking Sea Air Freight, Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

RE: The tariff classification of women’s knit garments from Hong Kong & Macau.

Dear Mr. Pascarella:

In your letter dated March 4, 2003, on behalf of your client Presidio International, Inc., you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #F5M811 - a woman’s tube top constructed from 93% cotton, 7% spandex knit fabric. The garment features an elasticized top, and a shelf-bra lining. The garment also has five vertical rows of tucking, a screen-printed design, and an unfinished bottom.

Style #E5W993PR – a woman’s top constructed from 100% polyester knit fabric. The sleeveless halter-like garment features a crew neckline in front with a strap measuring approximately 1" in width, unattached in the back, shoulder straps measuring approximately ¾" in width, and a self start bottom.

Style #E5M349HO – a woman’s pullover constructed from 100% polyester mesh knit fabric. The garment is sleeveless and features a modified U-neckline, and a hemmed bottom. The garment also has a partial lining constructed from 93% cotton, 7% spandex knit fabric with a design at the chest area, and a hemmed bottom. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction.

We are returning your samples as you requested.

The applicable subheading for the Style F5M811 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 rate of duty will be 10.9% ad valorem.

Style F5M811 falls within textile category designation 339. Based upon international textile trade agreements this category from Hong Kong & Macau is subject to quota restraints and visa requirements.

The applicable subheading for the Style E5W993PR 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 28.4% ad valorem.

Style E5W993PR falls within textile category designation 639. Based upon international textile trade agreements this category from Hong Kong & Macau is subject to quota restraints and visa requirements.

The applicable subheading for the Style E5M349HO will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, of man-made fibers, other, other, other, women’s or girls’. The rate of duty will be 32.2% ad valorem.

Style E5M349HO falls within textile category designation 639. Based upon international textile trade agreements this category from Hong Kong & Macau is 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,

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