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NY J86684




July 21, 2003

CLA-2-61:RR:NC:TA:358 J86684

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1070

Jennifer Soto
Exel Global Logistics Inc.
10205 N.W. 19th Street
Suite 101
Miami, FL 33172

RE: The tariff classification of girls’ wearing apparel from Honduras

Dear Ms. Soto:

In your letter dated July 7, 2003, written on behalf of Garan Inc., you requested a classification ruling.

Style 0302, submitted in size 7/8, is a scoop-necked, sleeveless garment, the armholes of which are oversized and the shoulders of which measure two inches wide. Since the intent is to manufacture this style in girls’ sizes up to 16, the width of the shoulder straps should increase in relation to the size of the garment.

This style is constructed from two layers of fabric, each of which is visible. The underlying layer is manufactured from finely rib-knitted fabric of 100% cotton, overlaid by loosely knitted, mesh fabric of 100% polyester, which is the component material imparting the essential characteristic.

The applicable subheading for style 0302 will be 6109.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for tank tops and similar garments, knitted, of other textile materials, of man-made fibers, girls’, other. The duty rate will be 32.2 per cent ad valorem.

The garment falls within textile category designation 639. Based upon international textile trade agreements products of Honduras may be 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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