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NY M81599




March 27, 2006

CLA-2-61:RR:NC:WA:361 NY M81599

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0060

Ms. Abigail Mugrage
Abercrombie & Fitch Trading
6301 Fitch Path
New Albany, OH 43054

RE: The tariff classification of a woman’s upper body garment from Hong Kong.

Dear Ms. Mugrage:

In your letter dated February 22, 2006, you requested a classification ruling for a woman’s upper body garment, which you described as knit to shape.

The submitted sample, Style #1R2675, is a woman’s upper body garment constructed from 100% cotton knit fabric. The garment reaches the waist and features short sleeves, shoulder coverage, a full front opening with a snap and drawstring closures at the waist, and a rib knit bottom. The garment does not have sufficient bust coverage.

You have suggested that Style #1R2675 be exempt from quota in accordance with Chapter 61, statistical note 6. That note only applies to garments classified in heading 6110. Because Style #1R2675 is classified in heading 6114 the statistical note does not apply.

We are returning your sample as you requested.

The applicable subheading for the top, Style #1R2675 will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted, of cotton, other, women’s or girls’. The rate of duty will be 10.8% 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 1R2675 falls within textile category designation 359. 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,
National Commodity

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