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NY J88334




October 8, 2003

CLA-2-61:RR:NC:WA:361 NY J88334

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065; 6109.90.1090

Ms. Alice Liu
Atico International USA, Inc.
501 So. Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of two women’s garments from Thailand.

Dear Ms. Liu:

In your letter dated September 3, 2003, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #B62A3567 - a woman’s garment that is similar to a tank top. The top extends below the waist, and is constructed from 65% polyester, 35% cotton rib knit fabric. The sleeveless garment features a modified u-shaped neckline in the front and back, a partial front opening at the neck with a lace-up closure, shoulder straps measuring approximately 1¾" in width at the top of the shoulder, and overlock stitching finishing the bottom.

Style #B62A3355 - a woman’s tank top constructed from 65% polyester, 35% cotton rib knit fabric. The garment extends below the waistline and features a square crocheted neckline in front and back, crocheted shoulder straps measuring approximately ¾" in width at the shoulder, and a hemmed bottom.

We are returning your samples as you requested.

The applicable subheading for Style B62A3567 will be 6109.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of man-made fibers, women’s, other. The rate of duty will be 32.2% ad valorem.

Style B62A3567, falls within textile category designation 639. Based upon international textile trade agreements this category from Thailand is subject to quota restraints and visa requirements.

The applicable subheading for Style B62A3355 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of man-made fibers, women’s, tank tops and singlets, women’s. The rate of duty will be 32.2% ad valorem.

Style B62A3355, falls within textile category designation 639. Based upon international textile trade agreements this category from Thailand is subject to quota restraints and visa requirements.

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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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