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NY I87609

November 27, 2002

CLA-2-61:RR:NC:WA:361 NY I87609


TARIFF NO.: 6114.20.0010

Ms. Gina Bies
Carole Hochman
801 Foresman Street
Williamsport, PA 17701

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

Dear Ms. Bies:

In your letter dated October 24, 2002, you requested a classification ruling.

You submitted one sample (Style #225501) representing three additional styles (502, 507, & 509). The styles have only minor differences in color.

The submitted sample, Style #225501, is a woman’s top constructed from 95% cotton, 5% spandex knit fabric. The top features a modified u-neckline, elasticized adjustable shoulder straps, 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 tops, Styles 225501, 502, 507, & 509 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.

Styles 225501, 502, 507, & 509 fall within the textile category designation 339. Based upon international textile trade agreements, this category from Macau 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.


Robert B. Swierupski

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