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NY H89470

April 10, 2002

CLA-2-61:RR:NC:WA:361 H89470


TARIFF NO.: 6109.90.4020

Ms. Monica Schramm
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman’s garment, similar to a tank top, from China.

Dear Ms. Schramm:

This is letter replaces the ruling letter we sent to you on February 15, 2002 under file number NY H87287. The purpose of this replacement letter is to correct a clerical error. On March 18, 2002, you informed this office of a clerical error identified in that ruling in paragraphs two, four and five. The style number indicated was incorrect. All errors have been corrected.

In your letter dated January 22, 2002, on behalf of your client, Dinteam Industries, Ltd., you requested a tariff classification ruling.

The submitted sample, Style #8272/8274, is a woman’s garment that is similar to a tank top. The sample extends below the waist, and is constructed from 73% silk, 27% nylon rib knit fabric. The garment features a V-neckline in the front and back that falls below the nape of the neck, shoulder straps measuring approximately 2 ½ inches in width, oversized armholes, and a self start bottom.

Your sample was returned with the original ruling.

The applicable subheading for Style #8272/8274, will be 6109.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, containing 70 percent or more by weight of silk or silk waste, women’s or girls’. The rate of duty will be 5.5% ad valorem. Style #8272/8274, falls within textile category designation 739. Based upon international textile trade agreements this category, from China is subject neither to quota restraints nor visa requirements.

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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