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NY N015005




August 22, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065

Mr. David Li
Goconda Co., Ltd.
9550 Flair Drive, Suite 313
El Monte, CA. 91731

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

Dear Mr. Li:

In your letter dated July 24, 2007 you requested a classification ruling.

Style 6230871 is a woman’s tank top constructed from 70 percent bamboo 30 percent cotton jersey knit fabric. The sleeveless garment features a capped U-shaped neckline, a racer back, shoulder straps measuring less than two inches in width and an unfinished bottom. The tank top extends below the waist and has five ½ inch wide self fabric overlays extending down the front of the garment.

For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber which is derived from bamboo.

The applicable subheading for style 6230871 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 duty rate will be 32% 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/.

      Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo. Information can also be found at the FTC website www.ftc.gov (click on "For Business" and then on "Textile, Wool, Fur").

Style 6230871 falls within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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