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NY K86597




June 14, 2004

CLA-2-61:RR:NC:WA:361 NY K86597

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Ms. Janice Sarmiento
McNaugton Apparel Group, Inc.
498 Seventh Ave, 9th Floor
New York, NY 10018

RE: The tariff classification of a woman’s knit top from China.

Dear Ms. Sarmiento:

In your letter dated June 1, 2004, you requested a classification ruling for a woman’s knit garment.

The submitted sample, Style #4X3JUL, is a woman’s top constructed from 54% silk, 28% nylon, and 18% cotton knit fabric. The top extends to the waist and features shoulder straps measuring approximately 1½" in width, and a wide tubular knit bottom. The upper portion of the garment is essentially cut straight across from side seam to side seam.

We are returning your sample as you requested.

The applicable subheading for Style 4X3JUL will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted of other textile materials, other, tops. The rate of duty will be 5.6% ad valorem.

Style 4X3JUL falls within textile category designation 838. Based upon international textile trade agreements this category, from China is presently 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,

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