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NY K81962





January 13, 2004
CLA-2-61:RR:NC:WA:361 NY K81962

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1090

Mr. David Barnard
Limited Brands
Four Limited Parkway East
Reynoldsburg, OH 43068

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

Dear Mr. Bernard:

In your letter dated December 15, 2003, on behalf of your client Victoria’s Secret Direct, you requested a tariff classification ruling.

The submitted sample, Style #173192, is a woman’s upper body garment, similar to a tank top constructed from 80% rayon, and 20% nylon knit fabric. The garment is sleeveless, extends below the waistline and features a square neckline in front and back, decorative satin ribbon threaded down the center front of the garment, shoulder straps measuring approximately 2" at the top of the shoulder, and a tubular knit bottom.

We are returning your sample as you requested.

The applicable subheading for Style 173192 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% ad valorem.

Style 173192 falls within textile category designation 639. Based upon international textile trade agreements this category, from China 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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