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NY M86575




October 4, 2006

CLA-2-61:RR:NC:TA:358 M86575

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a girl’s garment from Namibia

Dear Ms. Young:

In your letter dated September 20, 2006, on behalf of your client, Meijer Distribution, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number 025GS7108, is described as a girl’s knit tank top. The item is constructed from 95% cotton, 5% spandex one by one rib knit fabric that reportedly weighs 215 grams per square meter. The sleeveless garment has shaped armhole openings finished by lace fabric extensions, a drop neck opening with narrow shoulder straps and a keyhole type opening with adjustable tie closure at the front neckline.

You suggest that the garment be classified as a tank top in subheading 6109.10.0065, HTSUS. The keyhole tie frontal opening precludes classification in heading 6109.

The applicable subheading for style number 025GS7108 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers and similar articles, knitted or crocheted, of cotton, other, other, women’s or girls’, other. The duty rate 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 number 025GS7108 falls within textile category 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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