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NY K80841




December 23, 2003
CLA-2-61:RR:NC:WA:361 NY K80841

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2075

Mr. Ryoko Parks
Embody Limited
8646 N. 2250 W. Rd.
Manteno, IL 60950

RE: The tariff classification of three women’s garments from China.

Dear Mr. Parks:

In your letter dated December 2, 2003, you requested a classification ruling for three women’s upper body garments. As requested, the garments will be returned.

Style S1 is a woman’s tank top constructed from 100 percent cotton rib knit fabric. The tank top has a U-shaped neckline in front and back, shoulder straps that measure approximately 1-¼ inches; capped armholes and neckline, and a self-start bottom.

Style S3 is a woman’s tank top constructed from 100 percent cotton rib knit fabric. The tank top has a V-shaped neckline in front and back, shoulder straps that measure approximately ¾ inch; capped armholes and neckline, and the bottom finished with a drop needle decorative trim.

Style S5 is a woman’s pullover constructed from 88 percent cotton, ten-percent nylon, and two-percent spandex jersey knit fabric with more than nine stitches per centimeter measured in the horizontal direction. The sleeveless pullover has a flat collar, a V-shaped neckline, and tubular knit bottom. The neckline and armholes are finished with capping.

The applicable subheading for styles S1 and S3 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank tops, knitted or crocheted: Of cotton: Women’s or girls’. The duty rate will be 17% ad valorem. Effective January 1, 2004, the duty rate will be 16.5% ad valorem.

The applicable subheading for styles S5 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted or crocheted: Of cotton: Women’s or girls’. The duty rate will be 16.9% ad valorem. Effective January 1, 2004, the duty rate will be 16.5% ad valorem.

All three styles fall 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.customs.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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