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NY J85415

June 23, 2003

CLA-2-61:RR:NC:WA:361 NY J85415


TARIFF NO.: 6114.20.0010

Ms. Shelly Monahan,
Inbound Traffic Supervisor
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

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

Dear Ms. Monahan:

In your letter dated June 4, 2003, you requested a classification ruling for a woman’s top. The sample is being returned as you requested.

Style S114458 is a woman’s top constructed from 93 percent cotton, seven- percent spandex knit fabric. The top has ½ inch shoulder straps that criss-cross in back; a u-shaped neckline in front; a front center pocket with a pocket flap; and a raw edge at the bottom that rolls up when worn. The upper back of the garment dips into a deep U shape, exposing more than half of the wearer’s back. Note, although you have described the pocket as a “faux pocket,” that feature on the submitted sample was functional.

The applicable subheading for style S114458 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of cotton: Tops. The duty rate will be 10.9% ad valorem.

Style S114458 falls within textile category designation 339. Based upon international textile trade agreements products from 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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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