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NY J86136

August 14, 2003

CLA-2-61:RR:NC:TA:359 J86136


TARIFF NO.: 6110.30.3055; 6109.10.0060

Ms. Toni A. Loscalzo
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, New Jersey 07632

RE: The tariff classification of a woman’s knit tank top and a pullover from Hong Kong

Dear Ms. Loscalzo:

In your letter dated July 14, 2003, you requested a classification ruling on behalf of Wenlock Fashions, New York, New York. As requested, your sample is being returned to you.

Your sample, style J3113736, is a woman’s two piece garment comprised of a pullover and a tank top attached at the neckline with nineteen snaps. The pullover is constructed from 100% nylon mesh knit fabric. The outer surface of the pullover measures more than nine stitches per two centimeters in the horizontal direction. The pullover features a U-shaped neckline, long hemmed sleeves and a hemmed bottom. The tank top is constructed from 100% cotton 2x2 rib knit fabric and features a U-shaped neckline in the front and back, sleeveless armholes and a hemmed bottom.

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem.

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women’s or girls’: other: tank tops: women’s. The duty rate will be 17% ad valorem.

The pullover falls within textile category designation 639. The tank top falls within textile category designation 339. Based upon international textile trade agreements products of 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 Mike Crowley at 646-733-3049.


Robert B. Swierupski

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