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NY B89796

October 7, 1997

CLA-2-61:RR:NC:WA:361 B89796

TARIFF NO.: 6109.90.1090

Mr. Arthur Stein
ETA Import & Export, Ltd.
1 Cross Island Plaza
Jamaica, New York 11422

RE: The tariff classification of a woman's garment, similar to a tank top, from Mexico or Taiwan.

Dear Mr. Stein:

In your letter dated September 18, 1997, you requested a tariff classification ruling for style 9104 on behalf of Morsly, Inc. The garment is being returned, as you requested.

Style 9104 is a woman's garment constructed from 65% polyester, 35% cotton knit fabric. The garment, which is similar to a tank top, features shoulder straps that are just over two inches in width, a lace like insert at the front neckline, a U-shaped neckline in front and back and a plain, hemmed bottom.

The applicable subheading for style 9104 will be 6109.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit tank tops and similar garments, of man-made fibers. The rate of duty will be 33.4 percent ad valorem.

The garment falls within textile category designation 639. Based upon international textile trade agreements, garments imported from Taiwan are subject to a visa requirement and quota restraints.

Textile merchandise which does not qualify as "originating" under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Mexico and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. The merchandise described in this ruling falls within textile category designation 639, as noted above.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


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