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NY K80354




November 25, 2003
CLA-2-61:RR:NC:WA:361 NY K80354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1090

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a woman’s knit garment similar to a tank top, from the Dominica Republic.

Dear Mr. Nagel:

In your letter dated October 23, 2003, you requested a tariff classification ruling.

The submitted sample, Style #25002, is a woman’s upper body garment, similar to a tank top constructed from 76% polyester, and 24% spandex knit fabric. The garment is sleeveless, extends below the waistline and features a U-shaped neckline in front and back, shoulder straps measuring approximately 2½" at the top of the shoulder, and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for Style 25002 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 other textile materials, of man-made fibers, women’s or girls’, other. The rate of duty will be 32.2% ad valorem.

Style 25002 falls within textile category designation 639. Based upon international textile trade agreements this category, from the Dominican Republic 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

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