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NY J81984




April 3, 2003

CLA-2-61:RR:NC:WA:361 NY J81984

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6114.30.1020

Mr. Jorge Zeledon, VP Operations
O’BBI – O’Bryan Brothers, Inc.
4256 West Belmont Ave.
Chicago, Illinois 60641-4693

RE: The tariff classification of three women’s knit garments from Sri Lanka.

Dear Mr. Zeledon:

In your letter dated March 7, 2003, you requested a classification ruling for three women’s knit garments. The samples are being returned, as requested.

Style 176040 is a woman’s tank top constructed from 100 percent cotton knit fabric. The tank top has 1-¾ inch shoulder straps, a u-shaped neckline in front and back, and a plain, hemmed bottom. The armholes and neckline have a satin trim. The front neckline has a decorative lace-like insert.

Style 176440 is a woman’s tank top constructed from 100 percent cotton knit fabric. The tank top has ¼ inch elasticized shoulder straps, a u-shaped neckline in front and back, and a plain, hemmed bottom. The straps, armhole trim, and back neckline trim are constructed from the same elasticized fabric. The front neckline has a decorative lace-like insert.

Style J56530 is a woman’s top constructed from 84 percent polyester, 16 percent spandex knit fabric. The top has ¼ inch adjustable shoulder straps, a u-shaped neckline in front and a plain, hemmed bottom. The top also has a built in molded cup bra with an underwire.

The applicable subheading for styles 176040 and 176440 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for tank topsknitted or crocheted: Of cotton: women’s. The duty rate will be 17% ad valorem.

The applicable subheading for style J56530 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. The duty rate will be 28.4% ad valorem.

Styles 176040 and 176440 fall within textile category designation 339; style J56530 falls within textile category designation 639. Based upon international textile trade agreements products of Sri Lanka are subject to quota and 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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