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NY N023780




March 27, 2008

CLA-2-61:OT:RR:NC:N3:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Ms. Kate Grible
Abercrombie & Fitch Trading Co.
P.O. Box 182168
Columbus, OH 43218

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

Dear Ms. Grible:

In your letter dated February 22, 2008, you requested a tariff classification ruling.

The submitted sample, Style #3T4441, is a woman’s top constructed from 100% cotton knit fabric. The fabric of the garment has an all-over printed floral design. The top features a V-neckline in front with shaping below the bust, straps that criss-cross in back, and a hemmed bottom.

In your ruling request, you recommended classification of the submitted top under HTS 6109.10.0060 as a tank top. The garment has shaping below the bust and is therefore is precluded from being classified as a tank top or similar to under HTS 6109.

We are returning your sample as you requested.

The applicable subheading for the top, Style 3T4441, 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 or girls’. The rate of duty 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/.

The top, Style 3T4441 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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,
National Commodity

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