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NY D82885

October 15, 1998

CLA-2-61:RR:NC:WA:361 D82885


TARIFF NO.: 6109.10.0060

Mr. Anthony Valanzano
Horizon Air Freight, Inc.
152-15 Rockaway Blvd.
Jamaica, NY 11434

RE: The classification of women's knit tank tops from Turkey.

Dear Mr. Valanzano:

In your letter dated October 5, 1998, you requested a classification ruling for two women's tank tops on behalf of NAP, Inc. The samples are being returned, as you requested.

Styles 8511 and 8563 are both sleeveless tank tops constructed from 100% cotton rib knit fabric. Style 8511 features 1/4 inch shoulder straps, a square neckline in front and back, and a hemmed bottom. Style 8563 features 1.75 inch shoulder straps, a rounded neckline in front and back, and a hemmed bottom. Although the importer has indicated that these garments are sleep separates, there is nothing about their appearance to distinguish them from tank tops worn as sportswear.

The applicable subheading for the tank tops will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for tank tops of cotton, for women. The rate of duty will be 19.2 percent ad valorem.

The tank tops fall within textile category designation 339. Based upon international textile trade agreements, products of Turkey are subject to a visa requirement and quota restraints.

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.


Robert B. Swierupski

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