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NY J89710




November 12, 2003

CLA-2-61:RR:NC:WA:361 NY J89710

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Mr. Charles Spoto
Alba Wheels Up International
150-30 132nd Avenue Suite 208
Jamaica, NY 11434

RE: The tariff classification of a woman’s top from China.

Dear Mr. Spoto:

In your letter dated October 8, 2003, you requested a classification ruling for a woman’s top on behalf of Kemistre. The garment will be returned, as requested.

Style N26S51 is a top composed of 100 percent cotton fabric. The top is made up of two types of fabric - a crocheted outer portion permanently attached to a jersey knit inner portion. The outer portion is a halter that has two narrow knit straps that tie around the neck, and four narrow knit strands, two on each side, that tie behind the back, at the waist. The inner portion has ¼ inch shoulder straps, a v neckline in front, and an upper back portion that extends across from side seam to side seam. The inner portion does not reach the waist.

The applicable subheading for style N26S51 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garmentsknitted or crocheted: Of cotton: Top: Women’s or girls’. The duty rate will be 10.9% ad valorem.

Style N26S51 falls within textile category designation 339. Based upon international textile trade agreements products of 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs 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,

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