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NY N020718




January 2, 2008

CLA-2-61:OT:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.2010

Melissa Stanczak
Ballet Makers, Inc.
1 Campus Rd.
Totowa, New Jersey 07512

RE: The tariff classification of dance leotards from China or Vietnam.

Dear Ms. Stanczak:

In your letter dated December 3, 3007, you requested a classification ruling.

The submitted samples are Styles HW753C, HW755C, BD103C and HW752C leotards constructed of knit 92% nylon, 8% spandex fabric.

Style HW753C is a sleeveless girls’ halter-style dance leotard with front crisscross accent ribbing and hemmed leg openings.

Style HW755C is a cap sleeve girls’ dance leotard, with a modified V-neck, side ribbing, and hemmed sleeve and leg openings.

Style BD103C is a short sleeve girls’ dance leotard, with a scoop neck, crisscross back straps, and hemmed sleeve and leg openings.

Style HW752C is a sleeveless girls’ dance leotard cut straight across the front, with 3/8-inch width straps, accent and side ribbing, and hemmed leg openings.

The applicable subheading for the Styles HW753C, HW755C, BD103C and HW752C will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Bodysuits and bodyshirts, Of fabric containing by weight 5 percent or more of elastomeric yarn or rubber thread." The rate of duty 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/.

Styles HW753C, HW755C, BD103C and HW752C fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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