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NY K84470

April 22, 2004
CLA-2-61:RR:NC:WA:361 NY K84470


TARIFF NO.: 6109.90.8030

Ms. Djibril Makalou
Ann Taylor
1372 Broadway, 5th Floor
New York, NY 10018

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

Dear Ms. Makalou:

In your letter dated March 24, 2004, you requested a tariff classification ruling.

The submitted sample, a woman’s upper body garment, similar to a tank top, constructed from 65% silk, 16% cotton, 12% nylon, 5% cashmere, and 2% spandex knit fabric, will be imported under Style #22-108630 (missy) and Style #21-112055 (petite). The garment is sleeveless, extends below the waistline and features a U-shaped neckline in front, shoulder straps measuring approximately 2¼" inch at the top of the shoulder, and a tubular knit bottom. The garment is decorated with plastic sequins.

We are returning your sample as you requested.

The applicable subheading for Styles 22-108630 (missy) and 21-112055 (petite) will be 6109.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank tops and similar garments, knitted or crocheted: Of other textile materials, other women’s or girls’, other. The duty rate will be 16% ad valorem.

Styles 22-108630 (missy) and 21-112055 (petite) fall within textile category designation 838. Based upon international textile trade agreements this category, from China is not subject to quota restraints or 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.


Robert B. Swierupski

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