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NY L81658

January 12, 2005

CLA-2-61:RR:NC:WA:361 NY L81658


TARIFF NO.: 6114.30.1020

Ms. Jennifer Scott, Customs Compliance Manager Expeditors International
21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of a woman’s halter-top from China.

Dear Ms. Scott:

In your letter dated December 30, 2004, you requested a classification ruling for a woman’s halter-top on behalf of Viewpoint International. The sample will be returned, as requested.

The submitted garment, style 53TW30168 is a woman’s halter-top constructed from both woven and knit fabric. The knit portion is constructed from 51 percent nylon, 47 percent cotton, and two-percent spandex. The woven portion is constructed from 55 percent silk, 45 percent linen. The bust and a portion of the balance of the front are made from the woven fabric. The balance of the garment is made from the knit fabric. The halter-top has ½ inch woven straps that tie around the neck, a shelf bra with 1-inch elastic finishing the bottom, and a rib knit bottom on the garment.

As noted above, the garment is made up of knit and woven fabrics, classifiable under two different headings, 6114 (knit) and 6211 (woven). Such garments are considered composite goods, with the classification determined by the fabric that provides the essential character. In this case, the knit fabric, which makes up a high proportion of the surface area, provides the essential character. Therefore, the garment is considered to be knit , and is classified within heading 6114.

The applicable subheading for the halter-top will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: of man-made fibers: Tops: women’s. The duty rate will be 28.2% ad valorem.

The halter-top falls within textile category designation 639. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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