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NY K83438




March 24, 2004
CLA-2-61:RR:NC:WA:361 NY K83438

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065

Ms. Marnita Harrison
C.F.L. Enterprise, Ltd. C/O CFLNY Inc.
149 Fifth Avenue, 5th Floor
New York NY 10010

RE: The tariff classification of a woman’s tank top, from Hong Kong.

Dear Ms. Harrison:

In your letter dated February 20, 2004, you requested a tariff classification ruling.

The submitted sample, Style #ECV-2003, is a woman’s tank top constructed from 92% polyester, 8% spandex jersey knit fabric. The garment is sleeveless, extends below the waistline and features a V-shaped neckline in the front and back, a tube bra insert, shoulder straps measuring approximately 1” in width, and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for Style ECV-2003 be 6109.90.1065, 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, of man-made fibers, women’s or girls’, tank tops and singlets, women’s. The rate of duty will be 32% ad valorem.

Style ECV-2003 falls within textile category designation 639. Based upon international textile trade agreements this category from Hong Kong is 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
National Commodity

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