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NY J85105




June 30, 2003

CLA-2-61:RR:NC:WA:361 NY J85105

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2030; 6109.10.0060

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a pair of women’s shorts and tank top from Guatemala.

Dear Mr. Garrett:

In your letter dated May 21, 2003, you requested a classification ruling for a pair of women’s knit shorts and tank top.

The submitted samples are described as follows:

Style #0122XH11 - a woman’s racer back tank top constructed from 95% cotton, and 5% spandex knit fabric. The garment extends to the waist and features a U-shaped neckline, shoulder straps measuring approximately 1¾" in width, an inner “shelf -bra lining”, and a hemmed bottom.

Style #0122XH12 - a pair of women shorts constructed from 95% cotton, and 5% spandex knit fabric. The garment features an elasticized waistband with a draw cord and piping at the side seams. The leg openings are finished with contrast colored edging.

We are returning your samples as you requested.

The applicable subheading for the tank top, Style 0122XH11 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of cotton, women’s, tank tops, women’s. The rate of duty will be 17% ad valorem.

The tank top, Style 0122XH11, falls within the textile category designation 339. Based upon international textile trade agreements, category 339 from Guatemala is not subject to visa requirements or quota restraints.

The applicable subheading for the shorts, Style 0122XH12, will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts, knitted or crocheted, of cotton, shorts, women’s. The rate of duty will be 15.1% ad valorem.

The shorts, Style 0122XH11, falls within the textile category designation 348. Based upon international textile trade agreements, category 348 from Guatemala is subject to visa requirements and quota restraints.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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,
National Commodity

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