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NY L80680




December 3, 2004

CLA-2-61:RR:NC:WA:361 NY L80680

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060

Ms. Sandy Stubblefield
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

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

Dear Ms. Stubblefield:

In your letter dated October 28, 2004, on behalf of your client Augusta Sportswear, you requested a classification ruling for a woman’s knit tank top.

The submitted sample, Style #764, is a woman’s racer back tank top constructed from 90% cotton and 10% spandex knit fabric. The garment extends below the waist and features a U-shaped neckline, a shelf-bra lining constructed from 100% polyester knit fabric, shoulder straps measuring less than 2 inches in width, and a hemmed bottom.

We cannot rule on Style #765 without submission of a sample for examination.

We are returning your sample as you requested.

The applicable subheading for the tank top, Style 764, will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of cotton, women’s, tank tops. The rate of duty will be 16.5% ad valorem.

The tank top, Style 764 falls within the textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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,
National Commodity

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