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NY J85799

July 1, 2003

CLA-2-61:RR:NC:WA:361 NY J85799


TARIFF NO.: 6109.90.4020

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road
Valley Stream, NY 11580

RE: The tariff classification of a woman’s tank top from China.

Dear Mr. Weinrauch:

In your letter dated May 17, 2003, received in this office on June 19, 2003, you requested a classification ruling for a woman’s tank top on behalf of Momentrends, Inc. The sample is being returned as you requested.

Style E31801 is a woman’s tank top constructed from 80 percent silk, 20 percent spandex rib knit fabric. The tank top has one-inch shoulder straps, a V-shaped neckline in front, a U-shaped neckline in back, and a self-start bottom.

The applicable subheading for style E31801 will be 6109.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank topsknitted or crocheted: Containing 70% or more of silk: Women’s or girls’. The duty rate will be 4% ad valorem.

Style E31801 falls within textile category designation 739. Based upon international textile trade agreements this category 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.


Robert B. Swierupski

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