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NY L80884




December 8, 2004

CLA-2-61:RR:NC:WA:361 NY L80884

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Ms. Janice Sarmiento
McNaughton Apparel Group Inc.
498 Seventh Avenue, 9th Floor
New York, NY 10018

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

Dear Ms. Sarmiento:

In your letter dated November 11, 2004, you requested a tariff classification ruling.

The submitted sample, Style #AS2YX1, is a woman’s top constructed from 100% polyester knit fabric. The sleeveless garment features a V-shaped neckline in front, elasticized adjustable shoulder straps, and an overlock stitched bottom. The top 3 inches of the garment is made of decorative openwork fabric. The upper portion of the back is cut straight across from side seam to side seam.

We are returning your sample as you requested.

The applicable subheading for Style AS2YX1 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.

Style AS2YX1 falls within textile category designation 639. 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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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