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NY K84939




May 10, 2004
CLA-2-61:RR:NC:WA:361 NY K84939

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0040; 6109.10.0060

Ms. Gayle E. Williams
Sears, Roebuck and Co.
Dept 733IMP-D5-257BB
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of a woman’s knit T-shirt and tank top from Honduras.

Dear Ms. Williams:

In your letter dated March 31, 2004, you requested a classification ruling for a woman’s knit tank top and pullover.

The submitted samples are described as follows:

Style #WF4CRB1328A - a woman’s tank top constructed from 100% it cotton jersey knit fabric. The garment extends to the waist and features a modified U-shaped neckline, shoulder straps measuring approximately ½" in width, and a hemmed bottom.

Style #WF4CRB1329A - a woman’s T-shirt constructed from 100% cotton, jersey knit fabric that weighs less than 200 grams per square meter. The garment features a round neckline, short sleeves, and a straight hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for the tank top, Style #WF4CRB1328A 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 16.5% ad valorem.

The tank top, Style #WF4CRB1328A falls within the textile category designation 339. Based upon international textile trade agreements, this category from Honduras is not subject to visa requirements or quota restraints.

The applicable subheading for Style #WF4CRB1329A, will be 6109.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton, women’s or girls, other, T-shirts, women’s. The rate of duty will be 16.5% ad valorem.

Style #WF4CRB1329A falls within textile category designation 339. Based upon international textile trade agreements this category, from Honduras is not subject to quota restraints or 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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