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NY K89090




October 4, 2004
CLA-2-61:RR:NC:WA:361 NY K89090

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0070

Ms. Shelly Monahan, Inbound Traffic Supervisor Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

RE: The tariff classification of a woman’s knit garment similar to a tank top, from Vietnam.

Dear Ms. Monahan:

In your letter dated September 8, 2004, you requested a classification ruling for a woman’s knit garment. The sample being returned, as requested.

Style J117E51 is a woman’s upper body garment constructed from 100 percent cotton knit fabric. The garment is sleeveless, has a U-shaped neckline in front and back, shoulder straps that measure 1-½ inches, armholes and necklines finished with ¾ inch rib knit capping, and a plain, hemmed bottom. The front neckline has an additional ¼ inch capping that hangs free beginning just below the shoulders. These two free hanging 18 inch sections may then be tied around the neck, halter style.

The applicable subheading for style J117E51 will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of cotton. The rate of duty will be 16.5% ad valorem.

Style J117E51 falls within the textile category designation 339. Based upon international textile trade agreements, products of Vietnam 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 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.).

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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