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NY J88868




October 3, 2003

CLA-2-61:RR:NC:TA:354 J88868

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0037

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-Five Broad Street
New York, New York 10004

RE: The tariff classification of ladies’ apparel from Hong Kong or China.

Dear Mr. Kamnitz:

In your letter dated September 19, 2003, you requested a classification ruling on behalf of O’Bryan Brothers, Inc. The provided samples will be returned as per your request.

Three samples were provided for review. Style 316540 is an underwear camisole constructed of a knitted 90% cotton 10% spandex fabric. The garment features molded cup underwire support, adjustable elasticized shoulder straps, capping at the top of the garment, side seams, and a hemmed bottom .

Style 296540 is an underwear camisole constructed of a knitted 90% cotton 10% spandex fabric. The garment features shelf bra support, adjustable elasticized shoulder straps, elasticized trim at the top of the garment, side seams, and a hemmed bottom .

Style 236540 is an underwear camisole constructed of a knitted 90% cotton 10% spandex fabric. The garment features underwire support, adjustable elasticized shoulder straps, capping at the top of the garment, side seams, and a hemmed bottom .

The applicable subheading for all styles will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar articles, knitted or crocheted: of cotton women’s or girls’: underwear. The duty rate will be 17 percent ad valorem.

All styles fall within textile category designation 352. Based upon international textile trade agreements products of Hong Kong or 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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