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NY D84499




December 16, 1998

CLA-2-61:RR:NC:WA:361 D84499

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060

Ms. Elizabeth McKee
Milenitex
10 Maud Street, 5th Floor
Toronto, Ontario
Canada M5V 2M5

RE: The classification of a woman's knit tank top from Canada.

Dear Ms. McKee:

In your letter dated November 6, 1998, you requested a classification ruling for a women's tank top. In our telephone conversation of December 14, you indicated that your request is limited to classification, and not NAFTA eligibility. The sample is being returned, as you requested.

Style TS4050D is a sleeveless tank top constructed from 100% cotton rib knit fabric. The tank top features 1/8 inch shoulder straps, a round neckline in front and back, and overlock stitching to finish the bottom edge. The neckline and armholes are trimmed with picot edging.

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for knit tank tops, of cotton, for women. The general rate of duty will be 19.2 percent ad valorem. Effective January 1, 1999, the general rate of duty will be 18.8 percent ad valorem.

The tank top falls within textile category designation 339. Based upon international textile trade agreements, products of Canada are not 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.

Sincerely,

Robert B. Swierupski
Director,

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