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NY K89901

October 29, 2004

CLA-2-61:RR:NC:WA:361 NY K89901


TARIFF NO.: 6114.90.9010

Mr. Doug Hyland
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101

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

Dear Mr. Hyland:

In your letter dated September 29, 2004, you requested a classification ruling for a woman’s knit tube top.

The submitted sample, Style #BP95805, is a woman’s tube top constructed from 57% ramie, 36% cotton, 7% nylon, and 2% spandex knit fabric. The garment features an elasticized top, a tube bra insert, and a tubular knit bottom. The top extends from the chest area to above the waist and does not provide any shoulder coverage.

We are returning your sample as you requested.

The applicable subheading for Style BP95805 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted of other textile materials, other, tops. The rate of duty will be 5.6% ad valorem.

Style BP95805 falls within textile category designation 838. Based upon international textile trade agreements this category from Hong Kong is presently 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 De Gaetano at 646-733-3052.


Robert B. Swierupski

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