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NY I88641




December 30, 2002

CLA-2-61:RR:NC:WA:361 NY I88641

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6114.30.3070

Mr. Denis Prendergast
All-Pack Express, Inc.
147-40 184th Street
Jamaica, NY 11413

RE: The tariff classification of two women’s knit garments from China.

Dear Mr. Prendergast:

In your letter dated November 25, 2002, you requested a classification ruling for two women’s knit garments on behalf of Evermax II Trimming Corp. The samples are being returned, as you requested.

The two items, which will be imported under style number GR1237 are described as a woman’s bikini. The garments are made from 100 percent rayon knit fabric. The fully lined top is designed as two triangles of fabric, attached at the center, that tie around the neck and the back. The fully lined bikini styled bottom ties at each side of the waist. As noted in your request, the design and fabric construction are not suitable to be worn for swimming.

The applicable subheading for the top of style GR 1237 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’. The duty rate will be 28.6% ad valorem. Effective January 1, 2003, the rate of duty will be 28.4% ad valorem.

The applicable subheading for the bottom of style GR 1237 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 15.1% ad valorem. Effective January 1, 2003, the rate of duty will be 15% ad valorem.

The top of style GR 1237 falls within textile category designation 639; the bottom of style GR 1237 falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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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