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NY E88900




December 6, 1999

CLA-2-61:EPI25 E88900

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0070; 6114.20.0010

James J. Kelley
Attorney-in-Fact
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of women’s knit garments from Hong Kong.

Dear Mr. Kelley:

In your letter dated November 18, 1999, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

Five samples were submitted with your request. Styles W1T441128 and W1T961418 are constructed of 88% cotton, 10% nylon and 2% spandex knit fabric. Styles W1TA11228, W1TC11258 and W1CQ25908 are constructed of 100% cotton knit fabric.

Styles W1T441128, W1TA11228 and W1T961418 are women’s sleeveless tops. Style W1T441128 features a rounded keyhole neckline with a trimmed drawstring, trimmed spaghetti straps and a straight hemmed bottom. Style W1TA11228 features a rounded keyhole neckline with woven trim binding and drawstring, woven trim binding spaghetti straps, and trim binding with a half inch ruffle on the bottom. Style W1T961418 features a square neckline, doubled criss-crossed spaghetti straps and a straight rib knit hemmed bottom. All three garments are cut straight across the back, from side seam to side seam and extend from the neck and shoulder area to slightly below the waist.

Style W1TC11258 is a woman’s halter top and features a leather rawhide drawstring enclosed in the front rib knit tubular neckline that ties behind the neck. The garment has a rib knit bottom. Style W1CQ25908 is similar to a tank top and features a full front opening with seven button closures, shoulder straps two inches in width and a square neckline. Both the shoulder straps and the neckline are constructed of a two-inch crocheted placket.

The applicable subheading for Style W1CQ25908 will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton, other. The rate of duty will be 18.8 percent ad valorem.

The applicable subheading for Styles W1T441128, W1TA11228, W1T961418 and W1TC11258 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s other garments, knitted or crocheted, of cotton, tops. The rate of duty will be 11.2 percent ad valorem.

The garments fall within textile category designation 339. Based upon international textile trade agreements, products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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.

Sincerely,

Eugene P. Kerven
Service Port Director

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