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NY L82436

March 7, 2005

CLA-2-61:RR:NC:WA:361 NY L82436


TARIFF NO.: 6114.20.0010

Ms. Krisanne Stecklair, Manager, Customs Operations Mothers Work, Inc.
456 North Fifth Street
Philadelphia, PA 19123

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

Dear Ms. Stecklair:

In your letter dated February 4, 2005, you requested a classification ruling for a woman’s top. The sample will be returned, as requested.

The submitted garment, style 28073 is a woman’s tube top constructed from both woven and knit fabric. The knit portion is 100 percent cotton and the woven portion is 100 percent silk. The garment has a 2-½ inch rib knit upper portion, a 3-½ inch rib knit bottom, and a jersey knit center portion. The woven overlay covers the central portion of the garment. The knit fabric provides the essential character, therefore, the garment is classified within heading 6114.

The applicable subheading for the top will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: of cotton: Tops: women’s. The duty rate will be 10.8% ad valorem.

The top falls within textile category designation 339. 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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