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NY L80191





November 12, 2004

CLA-2-61:RR:NC:WA:361 NY L80191

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6109.10.0060

Mr. Rolando E. Portal
ABC Distributing, LLC
6301 East 10th Avenue
Hialeah, FL 33013

RE: The tariff classification of a pair of women’s knit tank top and pants from Turkey.

Dear Mr. Portal:

In your letter dated October 4, 2004, you requested a tariff classification ruling.

The submitted sample, Style #264750, consist of a woman’s tank top and pants constructed from 100% cotton knit fabric. The pull-on pants feature an elasticized waistband with a drawstring, a rear pocket, and a hemmed bottom. The tank top of Style 264750 extends to the waist and features a modified U-shaped neckline, straps that tie on both shoulders and measure less than 2 inches in width, and a hemmed bottom.

We are returning your samples as you requested.

The applicable subheading for the pants of Style 264750 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, women’s, other. The rate of duty will be 14.9% ad valorem.

The pants, Style 264750 fall within textile category designation 348. Based upon international textile trade agreements this category, from Turkey is presently subject to quota restraints and visa requirements.

The applicable subheading for the tank top, Style 264750, 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 264750 falls within the textile category designation 339. Based upon international textile trade agreements, category 339 from Turkey is subject to visa requirements and quota restraints.

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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director

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