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NY K83416




March 19, 2004
CLA-2-61:RR:NC:WA:361 NY K83416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2075

Mr. Nicholas Treppiedi
Mersant International Ltd.
158-12 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of two women’s knit tank top and a pullover from Hong Kong.

Dear Mr. Treippiedi:

In your letter dated February 20, 2004, on behalf of your client Danskin, Inc., you requested a classification ruling for two women’s tank tops and a pullover.

The submitted samples are described as follows:

Style #4653 - a woman’s tank top constructed from 100% cotton knit fabric. The garment extends to the waist and features a modified U-shaped neckline, elasticized adjustable shoulder straps measuring approximately ¼" in width, a shelf-bra lining, and a tubular knit bottom.

Style #4660 - a woman’s racer back tank top constructed from 100% cotton knit fabric. The garment extends to the waist and features a U-shaped neckline in front, shoulder straps measuring approximately 1¼" in width, and a hemmed bottom. The tank top also has elastic trim around the neckline and armholes.

Style #4659 - a woman’s short pullover constructed from 100% cotton knit fabric. The garment features a modified U-shaped neckline, long sleeves, and a hemmed bottom. The garment also has elastic trim around the neckline and sleeves. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

We are returning your samples as you requested.

The applicable subheading for the tank tops, Styles 4653 & 4660 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 tops, Styles 4653 & 4660 fall 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 applicable subheading for the pullover, Style 4659 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of cotton, other, other, women’s or girls’. The rate of duty will be 16.5% ad valorem.

Style 4659 falls within textile category designation 339. Based upon international textile trade agreements this category from Hong Kong is presently 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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