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NY N019767




November 16, 2007

CLA-2-61:OT:RR:NC:WA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Mr. Richard Wortman
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 707 Wilshire Blvd. 41st Floor
Los Angeles, CA. 90017

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

Dear Mr. Wortman:

In your letter dated November 13, 2007 you requested a classification ruling on behalf of your client Shine Coast Imports.

Style FT0016 is a woman’s camisole styled top constructed from 95 percent cotton and 5 percent spandex knit fabric. The top extends to just above mid thigh and the bottom is finished with openwork trim. It features a V shaped neckline in front with openwork trim and adjustable elastic spaghetti straps. The upper back of the garment extends straight across from side seam to side seam, exposing the upper half of the back.

      This garment is not considered underwear of 6108. The garment is not designed to be worn under clothing. It is designed to be seen when worn.

We are returning one of your samples.

The applicable subheading for style FT0016 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of cotton: Tops: Women’s. The duty rate 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 FT0016 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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