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NY K87575




July 30, 2004

CLA-2-61:RR:NC:WA:361 NY K87575

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.8030; 6110.90.9090; 6114.90.9010

Ms. Lorrie Heavey, CHB
ATE Logistics, Inc.
855 South 192nd, Suite 900
SeaTac, WA 98148

RE: The tariff classification of a woman’s knit tank top, pullover, and top from China.

Dear Ms. Heavey:

In your letter dated June 1, 2004, you requested a classification ruling for three women’s garments.

The submitted samples are described as follows:

Style # 61479 – a woman’s racer back tank top constructed from 51% hemp, 39% cotton, and 10% spandex knit fabric. The garment is sleeveless, extends below the waistline and features a modified U-shaped neckline in front, a shelf-bra lining, shoulder straps measuring approximately 1” in width, and a hemmed bottom.

Style #61648 – a woman’s pullover constructed from 51% hemp, 39% cotton and 10% spandex knit fabric. The garment is sleeveless and features a U-shaped neckline, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

Style #61286 - a woman’s top constructed from 51% hemp, 39% cotton and 10% spandex knit fabric. The top extends to the waist and features spaghetti straps, a square neckline in front, a shelf-bra lining, and a hemmed bottom. The upper portion of the garment is essentially cut straight across from side seam to side seam.

Although you have suggested that Style #61479 be classified as a top in heading 6114.90.9010, the submitted garment is more specifically classified in heading 6109 as a tank top, based on the terms of the heading.

We are returning your samples as you requested.

The applicable subheading for the tank top, Style #61479, will be 6109.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of other textile materials, other, women’s, other. The rate of duty will be 16% ad valorem.

Style #61479 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 applicable subheading for the pullover, Style #61648, will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, and similar articles, knitted or crocheted: Of other textile materials, other, other, women’s. The rate of duty will be 6% ad valorem.

Style #61648 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 applicable subheading for the top, Style #61286, 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 #61286 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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