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NY K80073





November 20, 2003
CLA-2-61:RR:NC:WA:361 NY K80073

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Mr. Richard DeVitto
UPS Supply Chain Solutions
Hood Business Park
500 Rutherford Avenue
Charlestown, MA 02129

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

Dear Mr. DeVitto:

In your letter dated October 20, 2003, on behalf of your client Telluride Clothing Co., you requested a tariff classification ruling.

The submitted sample, Style #8000, is a woman’s s top constructed from 95% cotton, and 5% spandex knit fabric. The garment extends to the waist and features elasticized adjustable spaghetti straps, a modified U-shaped neckline in front, a “shelf-bra” lining, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

The applicable subheading for the top, Style 8000, will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, tops, women’s or girls’. The rate of duty will be 10.9% ad valorem.

Style 8000 (top) falls within textile category designation 339. Based upon international textile trade agreements this category, from China is presently subject to quota restraints and 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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director

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