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NY J87629




August 21, 2003

CLA-2-61:62:RR:NC:WA:361 NY J87629

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065; 6212.10.9020

Ms. Susan Morelli
Saucony, Inc.
13 Centennial Drive
Peabody, MA 01960

RE: The tariff classification of a woman’s knit tank top and sports bra from Italy.

Dear Ms. Morelli:

In your letter dated July 18, 2003, you requested a classification ruling for a woman’s knit tank top and sports bra.

The submitted samples are described as follows:

Style #24468 - a woman’s racer back tank top constructed from 88% nylon, and 12% spandex knit fabric. The garment extends to the waist and features a U-shaped neckline, shoulder straps measuring approximately 1½" in width, an inner “shelf -bra lining”, and a tubular bottom.

Style #24470 - a woman’s sports bra constructed from 88% nylon, and 12% spandex knit fabric. The garment features a U-shaped neckline in front, a T-styled back, and a tubular bottom.

We are returning your samples as you requested.

The applicable subheading for the tank top, Style 24468 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of man-made fibers, women’s, tank tops, women’s. The rate of duty will be 32.2% ad valorem. The tank top, Style 24468, falls within the textile category designation 639. Based upon international textile trade agreements, category 339 from Italy is not subject to visa requirements or quota restraints.

The applicable subheading for the sports bra, Style 24470 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, whether or not knitted or crocheted, brassieres, other, other, of man-made fibers. The rate of duty will be 17% ad valorem.

The sports bra, Style 24470, falls within the textile category designation 649. Based upon international textile trade agreements, category 649 from Italy is not subject to visa requirements or 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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