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NY L88069




November 8, 2005

CLA-2-61:RR:NC:WA:361 NY L88069

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Mr. David R. McCauley
Bebe Studio, Inc.
400 Valley Drive
Brisbane, CA 94005

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

Dear Mr. McCauley:

In your letter dated October 6, 2005, you requested a tariff classification ruling.

The submitted sample, Style #66872101-7733 is a woman’s top constructed from 60% nylon, and 40% rayon knit open-work fabric. The tube shaped garment reaches the waist and features nine vertical stays, a full front opening with hook and eye closures, and silk trim finishing the bottom. The garment also has a lining constructed from 95% silk and 5% spandex woven fabric. You have indicated that it is design to be worn as outerwear and not as lingerie, underwear, or a body-supporting garment.

The applicable subheading for Style 66872101-7733 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 66872101-7733 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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