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NY K85670




May 27, 2004
CLA-2-61:RR:NC:WA:361 NY K85670

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Ms. Mary Kornowske
Sweetface Fashion Company, LLC
1071 Avenue of Americas, Suite 502
New York, NY 10018

RE: The tariff classification of a woman’s knit halter-top from Macau.

Dear Ms. Kornowske:

In your letter dated April 28, 2004, you requested a tariff classification ruling.

The submitted sample, Style #J4077393, is a woman’s halter-top constructed from 92% polyester, and 8% spandex knit fabric. The garment extends below the waist and features an O-ring connecting the bodice with straps that tie behind the neck, and a one-inch slit at the bottom, on the left side. The bottom of the garment is finished with a sewn-on, three-inch panel that extends an additional 13 inches in front and back, and may be tied at the left side, in the manner of a sash belt. The garment does not provide shoulder or upper back coverage.

We are returning your sample as you requested.

The applicable subheading for Style J4077393, 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.

Style J4077393 falls within textile category designation 639. Based upon international textile trade agreements this category, from Macau 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

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