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NY L80292





November 18, 2004
CLA-2-61:RR:NC:WA:361 NY L80292

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Ms. Maria E. Julia, Import Analyst
Newport News
711 Third Avenue
New York, NY 10017

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

Dear Ms. Julia:

In your letter dated October 19, 2004, you requested a classification ruling for a woman’s knit top. The submitted sample will be returned, as requested.

The submitted sample, style S05-38-003, is a women’s knit top constructed from 94 percent nylon and six-percent spandex knit fabric. The top has elasticized adjustable shoulder straps, a V-shaped neckline in front, and a tubular knit bottom. The top also has a bra lining in front, with formed cups and underwires. 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 Brazil 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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