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NY M83784




June 7, 2006

CLA-2-61:RR:NC:WA:361 NY M83784

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Mr. Kevin Maher
C Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. Maher:

In your letter dated May 22, 2006, you requested a classification ruling for a women’s knit halter-top on behalf of Unique Sourcing International Ltd. The submitted sample will be returned to you, as requested.

Style F9735 is a woman’s halter-top constructed from 100 percent acrylic knit fabric. The garment has a V-neckline in front, shoulder straps that tie around the neck, and a tubular knit bottom.

You mentioned that the garment was made of a knit to shape construction, and linked and looped to form the garment. These and other factors are found in Chapter 61, statistical note 6. That note only applies to garments classified in heading 6110. Because this style is classified in heading 6114, the statistical note does not apply.

You have also suggested that the garment should be classified as an “other garment” under subheading 6114.30.3070, HTS. Since the halter provides sufficient upper body coverage and may be worn without another upper body garment, it is more specifically classified as a “top” within that same heading.

The applicable subheading for the halter will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’. The duty rate will be 28.2% 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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