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NY J82368

March 24, 2003

CLA-2-61 RR:NC:TA 358


TARIFF NO.: 6109.10.0070; 6110.20.2075; 6114.20.0010

Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

RE: The tariff classification of upper body garments for girls’ wear from Hong Kong and Macau

Dear Mr. Spoto:

In your letter dated March 18, 2003, written on behalf of Triple Five Soul Inc., you requested a classification ruling.

Submitted style ST-1923, a tube top manufactured from fleece fabric of 100% cotton, is characterized by a drawstring threaded through the upper edge, by a rib-knitted waistband, by a pouch pocket at the lower front above the waistband, and by embroidery and appliques.

Submitted style ST-1968, manufactured from jersey fabric of 94% cotton, 6% spandex, is a wide-fitting, sleeveless, pullover garment, characterized by a scooped neckline at the front and at the back, by narrow shoulder straps, and by elasticized shirring at the center of one of the side seams..

Submitted style ST-1962 differs from the preceding style by wide shoulder straps and by the back of the neckline which does not reach below the nape of the neck.

Submitted style ST-1970, manufactured from jersey fabric of 94% cotton/6% spandex, fashioned similarly to an apron, is mostly backless, fastening together by means of ties at the lower back and around the neck.

The applicable subheading for style ST-1968 will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for tank tops and similar garments, knitted, of cotton, girls’, other, other; and for style ST-1962 will be 6110.20.2075, which provides for pulloversand similar articles, knitted, of cotton, other, other, other, girls’. The duty rates will be 17 and 16.9 per cent ad valorem, respectively.

The applicable subheading for styles ST-1970 and ST-1923 will be 6114.20.0010 HTS, which provides for other garments , knitted, of cotton, tops, girls’. The duty rate will be 10.9 per cent ad valorem.

All of the styles fall within textile category designation 339. Based upon international textile trade agreements products of Macau and Hong Kong 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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