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NY I87326

November 15, 2002

CLA-2-61:RR:NC:WA:361 I87326


TARIFF NO.: 6109.90.4020

Ms. Antoinette Wright
Donna Karan New York
580 Gotham Parkway
Carlstadt, NJ 07072

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

Dear Ms. Wright:

In your letter dated October 11, 2002, you requested a tariff classification ruling.

The submitted sample, Style #P136595S, is a woman’s tank top constructed from 100% silk knit fabric. The garment is sleeveless, extends below the waistline and features a U-shaped neckline in front and back, shoulder straps measuring approximately 1¼" in width at the top of the shoulder, and an unfinished bottom.

The applicable subheading for the tank top, Style P136595S, 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 cotton, women’s or girls’, 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 P136595S, falls within textile category designation 739. Based upon international textile trade agreements this category, from China is not subject to visa requirements or 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 DeGaetano at 646-733-3052.


Robert B. Swierupski
National Commodity

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