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NY I89502

February 5, 2003

CLA-2-61:RR:NC:WA:361 NY I89502


TARIFF NO.: 6114.20.0010

Mr. William O’Rourke
C.P. Express
700 Rockaway Tpke, Suite 403
Lawrence, NY 11559

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

Dear Mr. O’Rourke:

In your letter dated January 2, 2003, on behalf of your client Loyaltex Apparel Ltd., you requested a classification ruling.

The submitted sample, Style #0259349, is a woman’s top constructed from 95% cotton, 5% spandex knit fabric. The front panel of the garment is constructed from rib knit fabric and the back panel is constructed from open work knit fabric. The top reaches the waist and features a modified u-neckline in front, elasticized adjustable shoulder straps, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

We are returning your sample as you requested.

The applicable subheading for Style 0259349 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, tops, women’s. The duty rate will be 10.9% ad valorem.

Style 0259349 falls within textile category designation 339. Based upon international textile trade agreements this category from Hong Kong is subject to quota restraints and visa requirements. 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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