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NY I86711




October 25, 2002

CLA-2-61:RR:NC:WA:361 NY I86711

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Mr.R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

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

Dear Mr. Garrett:

In your letter dated September 25, 2002, you requested a classification ruling.

The submitted sample, Style #17730 is a woman’s top constructed from 95% cotton, 5% spandex knit fabric. The top features a modified u-neckline, elasticized adjustable shoulder straps, an inner “shelf bra lining”, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

Although you have indicated that the top will be sold as sleepwear, based on appearance, it is a multi use garment. As such, it is not classified in heading 6108, which is limited to garments worn solely in intimate contexts.

We are returning your sample as you requested.

The applicable subheading for the top, Style 17730 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, women’s. The rate of duty will be 10.9% ad valorem.

Style 17730, the top, falls within the textile category designation 339. Based upon international textile trade agreements, this category from Turkey is subject to visa requirements and quota restraints. 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.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. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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