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NY J88847




October 20, 2003

CLA-2-61:RR:NC:WA:361 NY J88847

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.1020; 6109.90.4020

Mr. Peter Weinrauch
Import Commodity Group, Ltd.
131 East Merrick Road
Valley Stream, NY 11580

RE: The tariff classification of four women’s knit tops from China.

Dear Mr. Weinrauch:

In your letter dated September 17, 2003, you requested a tariff classification ruling for four women’s knit tops.

The submitted samples are described as follows:

Style #E43140 - a woman’s top constructed from 78% silk, and 22% spandex knit fabric. The garment extends to the waist and features a square neckline in front, shoulder straps measuring approximately 1¼" in width, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

Style #E43710 - a woman’s top constructed from 78% silk, and 22% spandex knit fabric. The garment extends to the waist and is essentially cut straight across in front and back with no discernable neckline. In addition, the front is gathered forming a V-shaped dip, the shoulder straps measure approximately 1” in width, and it has a self-start bottom.

Style #43720 - a woman’s top constructed from 78% silk, and 22% spandex knit fabric. The garment extends to the waist and is essentially cut straight across in front and back with no discernable neckline. In addition, the front has a notched V-shaped dip, the shoulder straps measure approximately 1¼” in width, and it has a self-start bottom.

Style #A44421 - a woman’s tank top constructed from 70% silk, and 30% cotton knit fabric. The garment extends to the waist and features a U-shaped neckline in front, shoulder straps measuring approximately 1¾" in width, and overlock stitching finishing the bottom.

You have indicated in your letter that the fabric of Style #A44421 is a blend of 70% silk/30% cotton. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

We are returning your samples as you requested.

The applicable subheading for Styles E43140, E43710, and E43720 will be 6114.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of other textile materials, containing 70 percent or more by weight or silk or silk waste, tops, women’s or girls’. The rate of duty will be 1.4% ad valorem.

Styles E43140, E43710, and E43720 fall within textile category designation 739. Based upon international textile trade agreements this category, from the China is presently not subject to quota restraints or visa requirements.

The applicable subheading for Style A44421 will be 6109.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, containing 70% or more by weight of silk or silk waste. The rate of duty will be 4% ad valorem.

Style A44421 falls within textile category designation 739. Based upon international textile trade agreements this category, from the China is presently not subject to quota restraints or visa requirements.

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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