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NY L89114




January 10, 2006

CLA-2-61:RR:NC:WA:361 NY L89114

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060

Mr. Jeremy Pearlman, Production Manager
Lafayette 148
148 Lafayette Street
New York, NY 10013

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

Dear Mr. Pearlman:

In your letter dated December 15, 2005, you requested a classification ruling for a woman’s knit tank top. The sample will be returned, as requested.

Style 76K141NK9 is a woman’s knit tank top constructed from 100 percent cotton knit fabric. The tank top has a modified U shaped neckline in front and back, one-inch shoulder straps, and a tubular knit bottom.

Please note that the country of origin marking on the garment is not acceptable under the Marking statute, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304). The statute provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Because the country of origin (Made in China) is completely obscured by the size label, the marking is not acceptable.

The applicable subheading for style 76K141NK9 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank Topsknitted or crocheted: Of cotton: Women’s. The duty rate will be 16.5% ad valorem.

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 76K141NK9 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,

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