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NY K87263




July 9, 2004

CLA-2-61:RR:NC:WA:361 NY K87263

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Ms. Gina Cassetta
MB Sport LLC
31 Grove Street
New Canaan, CT 06840

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

Dear Ms. Cassetta:

In your letter dated June 22, 2004, you requested a classification ruling for a woman’s knit top. The submitted sample has been returned under separate cover

The submitted sample, style 6651, is a women’s knit top constructed from 75 percent polyester, 23 percent cotton and two- percent spandex warp knit fabric with weft insertion. The top has partially elasticized adjustable shoulder straps, a U-shaped neckline in front, and a plain, hemmed bottom. The top also has a shelf bra lining in front, with an underwire. The upper back of the garment extends straight across from side seam to side seam, exposing approximately the upper half of the wearer’s back, above the waist.

The applicable subheading for the top 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.

The top falls within textile category designation 639. Based upon international textile trade agreements products from China are 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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