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March 10, 1999

CLA-2-61:RR:NC:TA:354 D87588


TARIFF NO.: 6109.90.1065

Mr. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P. C. Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of a ladies’ garment from China.

Dear Ms. Baron:

In your letter dated February 2, 1999, you requested a classification ruling on behalf of Donna Karan Intimates, a division of Wacoal America, Inc. The submitted sample will be returned as per your request.

The provided sample, style 462041, is a ladies’ underwear camisole constructed of knitted translucent 79% nylon 21% spandex fabric. The camisole features a u-shaped neckline, elasticized trim which comprises the adjustable shoulder straps and extends under the armholes and across the straight back neckline, build in shelf support, and a hemmed bottom.

The applicable subheading for style 462041 will be 6109.90.1065, HTS, which provides for T-shirts, singlets, . . . and similar garments knitted or crocheted: of man-made fibers, women's or girls': tank tops and singlets, women's. The general rate of duty will be 33 percent ad valorem.

Style 462041 falls within textile category designation 639. Based upon international textile trade agreements products of China 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. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-637-7083.


Robert B. Swierupski

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