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NY L88781




February 16, 2006

CLA-2-61:RR:NC:WA:361 NY L88781

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

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

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

Dear Ms. Gong:

In your letter dated January 19, 2006, you requested a classification ruling for a woman’s top.

The submitted sample, Style #E6BN5J is a woman’s top constructed from two different types of fabric. The main body is made from 92% cotton and 8% spandex jersey knit fabric. The shoulder straps and the bust are constructed from 56% ramie, and 44% rayon crocheted fabric. The sleeveless garment features a V-shaped neckline in front, shoulder straps, and overlock stitching finishing the bottom. The shoulder straps and the bust are constructed from 56% ramie, and 44% rayon crocheted fabric. The essential character is provided by the cotton/spandex fabric. The upper back extends straight across from side seam to side seam.

The applicable subheading for Style E6BN5J will be 6114.20.0010 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted of cotton, tops, women’s or girls’. The rate of duty will be 10.8% ad valorem.

We are returning your sample as you requested.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style E6BN5J falls within textile category designation 339. 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,
National Commodity

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