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NY J89802




November 19, 2003
CLA-2-61:RR:NC:WA:361 NY J89802

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.4020; 6114.90.1020

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

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

Dear Mr. Weinrauch:

In your letter dated August 17, 2003, on behalf of your client Momentrends, Inc., you requested a classification ruling for a woman’s knit top and tank top.

The submitted samples are described as follows:

Style #E44742 - a woman’s racer back tank top constructed from 80% silk, and 20% spandex knit fabric. The garment extends below the waist and features a U-shaped neckline, shoulder straps measuring approximately 1½"in width, and a tubular knit bottom.

Style #E44741 - a woman’s top constructed from 80% silk, and 20% spandex knit fabric. The garment extends below the waist and features a straight neckline in front, a full front opening with hook and eye closures, shoulder straps measuring approximately ¾" in width that criss-cross in back, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

We are returning your samples as you requested.

The applicable subheading for Style E44741 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.

Style E44741 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 applicable subheading for Style E44742 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 E44742 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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