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NY J80215




February 11, 2003

CLA-2-61:RR:NC:WA:361 NY J80215

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Mr. Garth Pauley, Import Specialist
International Trade and Customs Compliance Limited Brands Logistics Services
Four Limited Parkway
Reynoldsburg, Ohio 43068

RE: The tariff classification of a woman’s knit and woven halter from China.

Dear Mr. Pauley:

In your letter dated January 22, 2003, you requested a classification ruling for a woman’s halter-top. The sample is being returned, as you requested.

Style 162268 is a woman’s top constructed from two different fabrics – the bust and straps are made from 100 percent woven cotton denim fabric and the balance of the halter is made from 55 percent ramie, 45 percent cotton rib knit fabric. The halter has a full front opening with a button closure and a hook and eye at the top, and a self-start bottom.

As noted above, the garment is made up of two different types of fabric. Such garments are considered a composite good, with the classification determined by that fabric that provides the essential character. In this case, the knit fabric, which makes up more that 70 percent of the surface area of the garment, provides the essential character. Therefore, based upon GRI 3(b), the garment is classified as knit, under heading 6114.

The applicable subheading for style 162268 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of other: Tops. The duty rate will be 5.6% ad valorem.

Style 162268 falls within textile category designation 838. Based upon international textile trade agreements category 838 from China is neither subject to quota nor 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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