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NY J85963




July 24, 2003

CLA-2-61:RR:NC:TA:354 J85963

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065

Mr. C. J. Erickson
Hodgson Russ
Carnegie Hall Tower
152 West 57th Street
New York, New York 10019

RE: The tariff classification of a women’s garment from Hong Kong and/or China.

Dear Mr. Erickson:

In your letter dated July 3, 2003, you requested a classification ruling on behalf of Dreamwear, Inc. The submitted sample will be returned as per your request.

A production sample of Style 2576 was submitted for review. Style 2576 is a women’s camisole which you have indicated will be imported in compositions ranging from 80% nylon 20% spandex to 95% nylon 5% spandex knitted fabric. The garment features shaped cup underwire support, adjustable elasticized shoulder straps measuring approximately 1/2-inch wide, lace-like and ribbon trim at the top of the cups and down the center of the garment front, side seams, elasticized edging across the top of the back and sides of the garment, and a hemmed bottom.

Style 2576 does not possess sufficient support throughout the garment to be considered body supporting, therefore, your assertion for classification as a brassiere under 6212.10.5020, HTS, is not applicable.

The applicable subheading for style 2576 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32.2 percent ad valorem.

Style 2576 falls within textile category designation 639. Based upon international textile trade agreements products of Hong Kong and China 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 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 Brian Burtnik at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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