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NY J86836




July 25, 2003

CLA-2-61:RR:NC:WA:361 NY J86836

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Mr. William Ortiz
S. J. Stile Associates, Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a woman’s knit halter-top from India - correction to ruling NY J83991.

Dear Mr. Ortiz:

This letter replaces the ruling letter we sent to you on May 30, 2003, under file number NY J83991. The purpose of this replacement letter is to correct a clerical error. The duty rate shown on page #2 was incorrect. The error has now been corrected.

Dear Mr. Ortiz:

In your letter dated April 30, 2003, on behalf of your client Tahari Ltd., you requested a tariff classification ruling.

The submitted sample, Style #30812051, is a woman’s halter-top constructed from 74% cotton, and 26% polyester knit fabric. The garment extends below the waist and features a V-neckline in front, narrow straps that tie around the neck, and a beaded Fringed bottom. The halter is decorated with sewn-on metal sequins. The garment does not provide shoulder or upper back coverage.

You have indicated that the garment should be classified in subheading 7419.99.5050 as an article of copper or brass. The garment is made from knit textile yarns, embroidered with brass sequins. Note 6 to chapter 58, and the Explanatory Notes to chapter 58, includes, in its definition of embroidery, fabric which has been embroidered with metal sequins. As such, this garment is considered to be made from an embroidered textile fabric, and is properly classified in chapter 61.

We are returning your sample as you requested.

The applicable subheading for Style 30812051, 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. The rate of duty will be 10.9% ad valorem.

Style 30812051 falls within textile category designation 339. Based upon international textile trade agreements products from India are presently subject to quota restraints 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 Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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