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NY M86855

September 27, 2006

CLA-2-62:RR:NC:N3:361 M86855


TARIFF NO.: 6114.20.0010

Mr. Andre Ryu, Import Manager
Wicked Fashion Inc.
222 Bridge Plaza South
Fort Lee, NJ 07024

RE: The tariff classification of a woman’s knit garment from Vietnam.

Dear Mr. Ryu:

In your letter dated September 19, 2006, you requested a tariff classification ruling for three women’s knit garments. The submitted styles will be returned to you as requested.

Style 7143-1537, is a woman’s halter-top constructed from 80 percent cotton, 20 percent polyester knit fabric. The garment has a full front opening with a zipper closure, a hood, and a rib knit bottom.

You have also requested a tariff classification for style 7123-1171 and 7123-1108. Style 7123-1171 cannot be ruled upon because we did not receive a sample of the garment.

Style 7123-1108 cannot be ruled upon due to the presence of an inner shelf-bra. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part: No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom. Beginning June, 2005, the issue of the classification of an upper body garment with a bra has been filed with the United States Court of International trade by several different importers. Thus, the issuance of a classification ruling for style 7123-1108 would be inconsistent with 19 C.F.R. §177.7(b).

The applicable subheading for style 7123-1537 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of cotton: Tops: Women’s or girls’. The rate of duty will be 10.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 7143-1537 falls within textile category designation 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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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