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NY J87030

August 21, 2003

CLA-2-61:RR:NC:TA:359 J87030


TARIFF NO.: 6110.30.3020; 6109.90.1090

Mr. Steve Wei
A-Rex Textile Corp.
490 Cloverleaf Drive
Baldwin Park, CA 91706

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

Dear Mr. Wei:

In your letter dated August 1, 2003 you requested a tariff classification ruling.

The submitted sample, style number WF3958, is a woman’s two-piece garment comprised of a sweater worn over a garment that is similar to a tank top. The similar to a tank top garment is not permanently attached but tacked in the shoulder area of the sweater. Style WF3958, the sweater, is made from 65% polyester, 35% cotton, openwork warp knit fabric. The sweater features a shirt-like collar, short hemmed sleeves, a full front opening with 5 button closures, 2 side slits and a hemmed bottom.

Style WF3958, the sleeveless garment that is similar to a tank top , is made from 65% polyester, 35% cotton, knit fabric. The garment features a scoop front and back, 2 ½ inch wide shoulder straps, and a hemmed bottom.

Your samples are being returned as requested.

The applicable subheading for style WF3958, the sweater, will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of man made fibers: otherother: sweaters: women’s. The rate of duty will be 32.2% ad valorem.

The subheading for style WF3958, similar to a tank top, will be 6109.90.1090, which provides for tank tops and similar garments, knitted: of other textile materials: of man made fibers: women’s: other. The duty rate will be 32.2% ad valorem.

The sweater falls within textile category designation 646. The similar to a tank top garment falls in category 639. 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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