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NY F80577




February 1, 2000

CLA-2-61-NO:TC I06

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Ms. Debbie Carchidi
Contempo Casuals
26972 Burbank
Foothill Ranch, California 92610

RE: The tariff classification of three knit tops from China

Dear Ms. Carchidi:

This letter replaces binding ruling letter number F80877 issued on January 7, 2000, with an incorrect date. We apologize for any inconvenience this may have caused.

In your letter dated December 10, 1999, you requested a tariff classification ruling on behalf of Wet Seal, Incorporated.

Three samples of women’s tops, Style #s WS6481C, WS6482C and WS6499L, were submitted. The garments are composed of 55% ramie and 45% cotton knit fabric. The necklines of style #s WS6481C and WS6482C are v-shaped in the front with the top of the rear extending straight across from side seam to side seam. Other features of these styles include thin straps which cross the shoulders from front to back; a drawstring below the bust; and a frontal opening which extends from the drawstring to the bottom. Style # WS6499L is a halter top featuring a scooped neckline; strings that tie behind the neck; and a full rear opening with strings that tie at the top of the opening. Per your request, your samples are returned herewith.

The applicable subheading for the tops will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of other textile materials: other: tops. The rate of duty will be 5.8 percent ad valorem.

The tops fall within textile category designation 838. 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 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,

Leticia Moran
Port Director

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