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NY H83254

July 26, 2001

CLA-2-61:RR:NC:WA:361 H83254


TARIFF NO.: 6114.20.0010

Mr. Lee Newsome
Panache Lingerie Ltd.
Manham Way, Barbot Hall Industrial Estate Rotherham, South Yorkshire, S61 4RL

RE: The tariff classification of a woman’s top from China.

Dear Mr. Newsome:

In your letter dated June 27, 2001, you requested a tariff classification ruling.

The submitted sample, Style #B001, is a woman’s top constructed from 50% cotton, 36% modal, 5% nylon, and 9% elastane knit fabric. The garment is sleeveless and features an underwire bra insert, adjustable shoulder straps measuring approximately ¼ inch in width, and a hemmed bottom. The upper edge of the back of the garment is cut straight across, from side seam to side seam.

You have indicated in your letter that the fabric is a blend of 50% cotton, 36% modal, 5% nylon and 9% elastane. Garments, which are claimed to be constructed from such a blend, are subject upon importation to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and the textile category designation of the subject garment.

We are returning your sample as you requested.

The applicable subheading for the Top, Style #B001 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, tops, women’s or girls’. The rate of duty will be 11% ad valorem.
Style #B001, Top, falls within textile category designation 339. Based upon international textile trade agreements products of China are subject to quota restraints and the requirement of a visa.

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 at the Customs Web Site at WWW.CUSTOMS.GOV.

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 Angela DeGaetano at 212-637-7029.


Robert B. Swierupski
National Commodity

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