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NY L89828





February 6, 2006

CLA-2-61:RR:NC:WA:361 NY L89828

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060

Mr. Chiu Fat Lam
Air & Sea Cargo Express Corp.
175-01 Rockaway Blvd., Suite 303A
Jamaica, NY 11434

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

Dear Mr. Lam:

In your letter dated January 5, 2006, on behalf of your client Onstar Pacific (USA) Ltd., you requested a classification ruling for a woman’s knit tank top.

The submitted sample, Style #48153, is a woman’s tank top constructed from 100% cotton knit fabric. The garment extends below the waist and features a modified U-shaped neckline in front, a straight neckline in back, an opening at the left side with a three snap closure, shoulder straps measuring less than 2 inches in width, and a self-finished bottom.

The applicable subheading for the tank top, Style 48153 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of cotton, women’s, tank tops. The rate of duty 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 48153 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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