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NY J83658

May 16, 2003

CLA-2-61:RR:NC:WA:361 J83658


TARIFF NO.: 6114.30.1020

Mr. Doug Hyland
1617 Sixth Avenue
Seattle, WA 98101-0870

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

Dear Mr. Hyland:

In your letter dated April 15, 2003, you requested a tariff classification ruling.

The submitted sample, Style #BP78311, a woman’s top constructed from 95% rayon, 5% spandex knit fabric. The garment has an asymmetrical neckline extending from the top of one shoulder under the arm on the opposite side. The top extends below the waist and has a left adjustable shoulder strap measuring approximately1½" in width at the top of the shoulder, and a shoulder strap measuring approximately 1¾"on the other side. The garment is finished with a hemmed bottom.

In your ruling request, you recommended classification of the submitted top under HTS 6114.30.1010, which covers men’s garments. The submitted garment is a woman’s garment and properly classified under HTS 6114.30.1020.

We are returning your sample as you requested. The applicable subheading for Style BP78311, 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 rate of duty will be 28.4% ad valorem.

StyleBP78311 falls within textile category designation 639. Based upon international textile trade agreements this category, from Macau is presently 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 DeGaetano at 646-733-3052.


Robert B. Swierupski
National Commodity

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