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NY L81572




January 11, 2005

CLA-2-61:RR:NC:WA:361 NY L81572

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010; 6114.20.0060

Ms. Stephanie De Silva, Import/Export Analyst Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of two women’s knit garments from Macau.

Dear Ms. De Silva:

In your letter dated December 13, 2004, you requested a classification ruling for two women’s garments. The items will be returned as requested.

Style 1026917 is composed of two pieces that will be sold as a set. The garments are constructed from 80 percent cotton, 20 percent polyester terry knit fabric. The top is a bra styled halter that snaps in the back, and ties around the neck. The two front panels are knotted in front. The bottom of the set is a thong panty styled bottom with three panels that form a wrap that partially covers the panty-like portion. The panels tie in front.

Although you have referred to the garments as a set, they will be classified as two separate garments as required by note 13 to Section XI of the, Harmonized Tariff Schedule of the United States (HTS). That note states: Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. For the purposes of this note, the expression "textile garments" means garments of headings 6101 to 6114 and headings 6201 to 6211.

The applicable subheading for the top will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of cotton: Tops: Women’s. The duty rate will be 10.8 percent ad valorem.

The applicable subheading for the bottom will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of cotton: Other. The duty rate will be 10.8 percent ad valorem.

The top falls within textile category designation 339; the bottom falls within textile category designation 359. 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,

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