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NY K80346




November 25, 2003
CLA-2-61:RR:NC:WA:361 NY K80346

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060

Ms. Marina Cheung
San Francisco Sales, Inc.
385-8th Street
San Franciso, CA 94103

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

Dear Ms. Cheung:

In your letter dated October 23, 2003, you requested a classification ruling for a woman’s knit tank top.

The submitted sample, Style #S04-427, is a woman’s tank top constructed from 90% cotton, and 10% spandex knit fabric. The garment extends below the waist and features a U-shaped neckline in front and back, shoulder straps measuring approximately 1¾" in width, and a self- finished bottom.

In your ruling request, you recommended classification of the submitted garment under HTS 6110.20.0043. That HTS number does not exist. The garment is properly classified under HTS 6109.10.0060, based on the terms of the heading.

We are returning your sample as you requested.

The applicable subheading for the tank top, Style S04-427, will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of cotton, women’s, tank tops, women’s. The rate of duty will be 17% ad valorem.

The tank top, Style S04-427, falls within the textile category designation 339. Based upon international textile trade agreements, this category from China is subject to visa requirements and quota restraints.

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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