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NY C82357

December 16, 1997
CLA-2-61:PD:C:I21 PD C82357


TARIFF NO.: 6109.90.1065

Mr. Arthur Danforth
Hyde Athletic Industries, Inc.
13 Centennial Drive
Peabody, MA 01960

RE: The tariff classification of a woman's top from China, Hong Kong, or Thailand

Dear Mr. Danforth:

In your letter dated December 1, 1997, you requested a tariff classification ruling.

The submitted sample, style 27250 Expertise Shimmel, is a woman's knitted 89% nylon/11% spandex athletic top. The garment has a scoop neck, "T" back, and shoulder straps less than 2" in width. There is a knitted lining made of 92% polyes ter and 8% spandex. The garment does not reach the waist. There is a "HIND" label at the center of the straps in the back. The sample will be returned as requested.

The applicable subheading for the top will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers: women's or girls': tank tops and singlets: women's. 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, products of China, Hong Kong, or Thailand are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.


E. Julian Miller
Port Director

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