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NY K82556

February 23, 2004
CLA-2-61:RR:NC:WA:361 NY K82556


TARIFF NO.: 6109.10.0060

Ms. Kathy Brennan
Eddie Bauer
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a woman’s knit tank top from Hong Kong.

Dear Ms. Brennan:

In your letter dated January 16, 2004, you requested a classification ruling for a woman’s knit tank top.

The submitted sample, a woman’s tank top constructed from 92% cotton, and 8% spandex knit fabric, will be imported under Style #009-8260 (regular size), Style #009-8261 (petite size), Style #009-8262 (tall size), and Style #009-8263 (plus size). The garment extends to the waist and features a U-shaped neckline in front, shelf-bra lining, shoulder straps measuring approximately 1¼" in width, and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for the tank top, Styles 009-8260, 009-8261, 009-8262, and 009-8263 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of cotton, women’s, tank tops, women’s. The rate of duty will be 16.5% ad valorem.

The tank top, Styles 009-8260, 009-8261, 009-8262, and 009-8263, falls within the textile category designation 339. Based upon international textile trade agreements, category 339 from Hong Kong is subject to visa requirements and quota restraints.

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 De Gaetano at 646-733-3052.


Robert B. Swierupski
National Commodity

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