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NY K86653





July 2, 2004
CLA-2-61:RR:NC:WA:361 NY K86653

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060

Ms. Clair Morhardt
UPS Supply Chain Solutions
150-20 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of a woman’s knit tank tops from Turkey.

Dear Ms. Morhardt:

In your letter dated April 22, 2004, on behalf of your client Vestiny Apparel, Inc., you requested a classification ruling for three women’s knit tank tops.

The submitted samples are described as follows:

Style #T5000 - a woman’s tank top constructed from 100% cotton rib knit fabric. The garment extends to the waist and features a U-shaped neckline, shoulder straps measuring approximately 1" in width, and a hemmed bottom. The garment also has openwork trim inserted at the front center of the neckline.

Style #T5001 - a woman’s tank top constructed from 100% cotton knit fabric. The garment extends below the waist and features a U-shaped neckline, shoulder straps measuring approximately 2" in width, and a hemmed bottom. The garment also has openwork trim around the front of the neckline, and a textile bow stitched at the front center of the neckline.

The applicable subheading for the tank top, Styles T5000, and T5001, 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. The rate of duty will be 16.5% ad valorem.

The tank tops, Styles T5000 and T5001 fall within the textile category designation 339. Based upon international textile trade agreements, category 339 from Turkey 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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