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NY L83679




April 27, 2005

CLA-2-61:RR:NC:WA:361 NY L83679

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065

Mr. John Nagel
Sara Lee Branded Apparel
International Trade Department
1000 E. Hanes Mill Road
Winston-Salem, NC 27105

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

Dear Mr. Nagel:

In your letter dated March 30, 2005, you requested a tariff classification ruling.

The submitted sample, Style #T9138, is a woman’s racer back tank top constructed from 88% polyester, and 12% spandex knit fabric. The garment is sleeveless, extends below the waistline and features a U-shaped neckline in front, shoulder straps measuring less than 2 inches in width, and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for Style T9138 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, of man-made fibers, women’s or girls’, tank tops and singlets, women’s. The rate of duty will be 32% ad valorem.

Style T9138 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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