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NY K88209





August 30, 2004
CLA-2-61:RR:NC:WA:361 NY K88209

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2075

Ms. Debra Taylor
The Janel Group of Los Angeles, Inc.
460 A S. Hindry Ave.
Inglewood, CA 90301

RE: The tariff classification of four women’s upper body garments from China or Taiwan.

Dear Ms. Taylor:

In your letter, received on August 9, 2004, you requested a classification ruling for a four women’s upper body garments on behalf of B. Boston and Associates. The samples will be returned, as requested.

The four garments are constructed from 98 percent cotton, two-percent spandex knit fabric. Style 101 is a sleeveless pullover with a modified V-shaped neckline in front with a small tab gathering the fabric at the center, full coverage in back, capping finishing the neckline and armholes, and a plain, hemmed bottom. Style 102 is a modified racer-back tank top with 1-¼ inch shoulder straps, capping finishing the neckline and armholes, and a plain, hemmed bottom. The tank top also has a shelf bra lining with ½ inch elastic at the bottom. Style 104 is a tank top with ¼ inch shoulder straps, a square neckline in front and back finished with capping, and a plain, hemmed bottom. Style 108 is a tank top with 1-½ inch shoulder straps, a V-shaped neckline in front and back, capping finishing the armholes, and a plain, hemmed bottom.

The applicable subheading for styles 102, 104, and 108 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank tops, knitted or crocheted: Of cotton: women’s. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for style 101 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted or crocheted: Of cotton: women’s. The duty rate will be 16.5 percent ad valorem

Styles 101, 102, 104, and 108 fall within textile category designation 339. Based upon international textile trade agreements products of China and Taiwan are subject to quota, and the requirement of a visa.

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs 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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