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NY M80591




March 23, 2006

CLA-2-62:RR:NC:N3:361 M80591

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065

Mr. Robert T. Stack
Tompkins & Davidson, LLP
Counselors At Law
One Astor Place
1515 Broadway
New York, NY 10036-8901

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

Dear Mr. Stack:

In your letter dated February 22, 2006, you requested a tariff classification ruling on behalf of Item Eyes, Inc. The submitted samples will be returned to you as requested.

Style 46009K is a woman’s double layered tank top made from two different fabrics. The inner fabric is 100 percent polyester jersey knit fabric; the outer layer is 100 percent polyester knit openwork fabric. The garment has 1-½ inch shoulder straps, a square neckline in front and back, and a finished bottom.

The applicable subheading for style 46009K will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tank topsknitted or crocheted: Of man-made fibers: Women’s. The rate of duty will be 32 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/.

Style 46009K 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.).

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,

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