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NY J87266

September 9, 2003

CLA-2-61:RR:NC:TA:354 J87266


TARIFF NO.: 6109.10.0037

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, New York 10004

RE: The tariff classification of women’s apparel from Hong Kong or China.

Dear Mr. Kamnitz:

In your letter dated August 21, 2003, you requested a classification ruling on behalf of Loyaltex Apparel for a garment that you indicate will be sold exclusively to Mothers Work Inc. The provided sample will be returned as per your request.

The provided sample, style 1-69453-35, is a maternity underwear camisole constructed of a knitted 93% cotton 7% spandex fabric. The camisole features elasticized shoulder straps measuring approximately ½ inches wide, elasticized trim at the top of the garment, side seams, and a hemmed bottom.

The applicable subheading for style 1-69453-35 will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar articles, knitted or crocheted: of cotton women’s or girls’: underwear. The duty rate will be 17 percent ad valorem.

Style 1-69453-35 falls within textile category designation 352. Based upon international textile trade agreements products of Hong Kong and China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Brian Burtnik at 646-733-3054.


Robert B. Swierupski

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