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NY E87293

November 9, 1999

CLA-2-61:RR:NC:WA:361 E87293


TARIFF NO.: 6109.90.1065; 6110.30.3035

Ms. ToRay Henry
Import Manager
Speed Sourcing, Inc.
2140 City Gate Drive
Columbus, Ohio 43219

RE: The tariff classification of a woman’s vest and tank top from China and Hong Kong..

Dear Ms. Henry:

In your letter dated September 27, 1999, you requested a classification ruling for a style composed of a woman’s vest and tank top. The item is being returned, as you requested.

The submitted item, style 9211396, is made up of two garments, a vest and a tank top. The tank top is tacked to the inner seams of the vest at the top of the shoulder straps and the bottom of the armholes. The two garments are constructed from 88% rayon and 12% nylon knit fabric with more than nine stitches per two centimeters, measured in the horizontal direction. The vest portion of style 9211396 is sleeveless; has a deep v-neckline in front; and a rib knit waistband. The tank top portion of style 9211396 has ¼ inch shoulder straps; a modified u-shaped neckline in front and back; and a ½ inch rib knit waistband. The rib knit waistband does not tighten the bottom of the garment.

Although you have indicated that the two garments are permanently attached, they are simply tacked together, and may be easily detached without damage to either garment. The two parts of style 9211396 are, therefore, considered separate garments, and, in accordance with note 13 to section XI, each garment will be each classified in its own headings, and not as a set.

The applicable subheading for the vest of style 9211396 will be 6110.30.3035, Harmonized Tariff Schedule of the United States (HTS), which provides for waistcoats (vests)...and similar articles, knitted or crocheted, of man-made fibers: vests, other than sweater-vests: women or girls. The rate of duty will be 33.1 percent ad valorem.

The applicable subheading for the tank top of style 9211396 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for tank topsknitted or crocheted: of man-made fibers: women’s. The rate of duty will be 33 percent ad valorem.

The vest of style 9211396 falls within textile category designation 659; the tank top of style 9211396 falls within textile category designation 639. Based upon international textile trade agreements, products of China and Hong Kong 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 212-637-7029.


Robert B. Swierupski

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