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NY M81189




April 6, 2006

CLA-2-61:RR:NC:WA:361 NY M81189

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0070

Ms. Cherie R. Fuller
2055 Autumn Leaves Circle
Green Bay, WI 54313

RE: The tariff classification of a woman’s garment similar to a tank top, from Hong Kong.

Dear Ms. Fuller:

In your letter dated March 10, 2006, on behalf of your client Pressfield Company Limited, you requested a tariff classification ruling.

The submitted sample, Style #14M53242, is a woman’s garment that is similar to a tank top. The sample extends below the waist, and is constructed from 100% cotton knitted fabric. The sleeveless garment features a U-shaped neckline in front, shoulder straps measuring less than two inches in width, a partial front opening with a five-button closure, and a self-start bottom.

You have suggested that Style #14M53242 be exempt from quota in accordance with Chapter 61, statistical note 6. That note only applies to garments classified in heading 6110. Because Style #14M53242 is classified in heading 6109 the statistical note does not apply.

We are returning your sample as you requested.

The applicable subheading for Style 14M53242 will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton women’s or girls’, other, other. 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 14M53242 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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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