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NY J85469

June 23, 2003

CLA-2-61:RR:NC:WA:361 NY J85469


TARIFF NO.: 6110.30.3055; 6114.90.9010

Mr. Doug Hyland
Customs Compliance Department
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-0870

RE: The tariff classification of three women’s garments from Hong Kong.

Dear Mr. Hyland:

In your letter dated May 29, 2003, you requested a classification ruling for three women’s upper body garments. The garments will be returned, as requested.

Style BP79637 is a top composed of 55 percent ramie, 42 percent cotton, and two- percent nylon and one- percent spandex knit fabric. The tube top has an elasticized top; an adjustable drawstring to shape the bust area; and a tubular knit bottom. The top extends to just above the bust to the waist.

Style BP79636 is a similarly styled top made from the same fiber content. The tube top has an elasticized top; a bust area shaped by two narrow elasticized strips; a decorative attachment similar to a jewelry pin; and a tubular knit bottom. The top extends to just above the bust to the waist.

Style BP79635 is a pullover composed of 75 percent viscose, 25 percent nylon knit fabric with more than nine stitches per two centimeters. The pullover has an asymmetrical neckline; one ¾ length sleeve, a two-inch shoulder strap on the other shoulder with a hook and loop closure; a decorative buckle-like attachment to the shoulder strap; and a tubular knit bottom. The applicable subheading for styles BP79636 and BP79637 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garmentsknitted or crocheted: Of other fibers: Top: Women’s. The duty rate will be 5.6% ad valorem.

The applicable subheading for style BP79635 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Pulloversand similar articles knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 32.2% ad valorem.

Style BP79635 falls within textile category designation 639; styles BP79636 and BP79637 fall within textile category designation 838. Based upon international textile trade agreements category 639 from Hong Kong is 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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