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NY K85485




May 19, 2004
CLA-2-61:RR:NC:WA:361 NY K85485

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Ms. Betty Coats
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of three women’s knit tops from Bangladesh.

Dear Ms. Coats:

In your letter dated April 23, 2004, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #391899A - a woman’s top constructed from 90% nylon, 10% spandex knit pile fabric. The sleeveless garment features a V-shaped neckline in front, a gathered front with a full opening, hook and eye closures, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

Style #391899B - a woman’s top constructed from 100% nylon open-work knit fabric. The sleeveless garment features a V-shaped neckline in front, a gathered front with a full opening, hook and eye closures, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

Style #3918990 - a woman’s top constructed from 85% nylon, and 15% spandex knit fabric. The sleeveless garment features a V-shaped neckline in front, a gathered front with a full opening, hook and eye closures, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam. We are returning your samples as you requested.

The applicable subheading for Styles 391899A, 391899B and 3918990, will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, tops, women’s or girls’. The rate of duty will be 28.2% ad valorem.

Styles 391899A, 391899B and 3918990 fall within textile category designation 639. Based upon international textile trade agreements this category, from Bangladesh is presently 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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