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NY L89174





January 5, 2006

CLA-2-61:RR:NC:WA:361 NY L89174

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2079

Mr. Andre Ryu, Import Manager
Wicked Fashions, Inc.
222 Bridge Plaza South
Fort Lee, NJ 07024

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

Dear Mr. Ryu:

In your letter dated December 9, 2005, you requested a classification ruling for two women’s upper body garments. The garments will be returned as requested.

Style 6111-3333 is a woman’s racer back tank top constructed from 100 percent cotton rib knit fabric. The tank top has 1-½ inch shoulder straps, a U shaped neckline in front and back, and a hemmed bottom. The garment has a front appliqué and plastic decorations at the hem.

Style 6343-1092/1096/1097 is a woman’s pullover constructed from 100 percent cotton jersey knit fabric with approximately 30 stitches per two centimeters in the direction the fabric was formed. The garment has short sleeves, a four-inch wide and four-inch deep V notch within the neckline, and a hemmed bottom. Each side of the garment is gathered vertically for about six inches, beginning at the hem.

The applicable subheading for style 6111-3333 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 percent ad valorem.

The applicable subheading for style 6343-1092/1096/1097 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTS), which provides for Pulloversknitted or crocheted: Of cotton: Other: Women’s or girls’: Other. The duty rate will be 16.5 percent 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/.

Both garments fall 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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