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NY K80922




January 5, 2004
CLA-2-61:RR:NC:WA:361 NY K80922

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Ms. Patricia Giblin
Import Department
Prestige Global Co., Inc.
1350 Broadway, Suite 1505
New York, NY 10018

RE: The tariff classification of a women’s upper body garment from South Africa.

Dear Ms. Giblin:

In your letter dated December 15, 2003, you requested a classification ruling for a woman’s garment.

Style BGT-4213 is a top constructed from 60 percent cotton, 40 percent polyester rib knit fabric. The garment extends from the shoulders to below the waist and has a V-shaped neckline in front, 2-inch shoulder straps, and a plain, hemmed bottom. The upper back of the garment extends straight across from side seam to side seam. The V neckline is trimmed with openwork fabric that extends to create the shoulder straps.

The applicable subheading for style BGT-4213 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 duty rate will be 10.8% ad valorem.

Style BGT-4213 falls within textile category designation 339. Based upon international textile trade agreements, products of South Africa are not subject to quota and are not subject to 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.

In your request, you mentioned duty free/AGOA treatment for the submitted top. In order to obtain duty free status under the AGOA, production of the garment must comply with certain requirements. Please see subchapter 19 to chapter 98 of the Harmonized Tariff Schedule of the United States (HTS) for the specific requirements.

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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