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NY N011650

June 22, 2007



TARIFF NO.: 6114.20.0010

Mr. Joseph R. Hoffacker
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Mr. Hoffacker:

In your letter dated May 21, 2007, on behalf of your client Combined Interest, Inc., you requested a classification ruling for a woman’s knit top.

The submitted sample, Style #CIF-07- 283ST, is a woman’s knit top constructed from 88% cotton, and 12% nylon knit fabric. The sleeveless garments feature a straight neckline in front and back, shoulder straps, two pockets on the front panel, and a tubular bottom. The upper back of the garment extend straight across from side seam to side seam.

You have suggested that Style CIF-07- 283ST be exempt from quota in accordance with Chapter 61, statistical note 6. That note only applies to garments classified in heading 6110. Because Style CIF-07-283ST is classified in heading 6114, the statistical note does not apply.

You also referred to the garment, in your request, as a blouse. This style does not exhibit all of the required features of a blouse. Therefore, the garment is more specifically classified in heading 6114, as a top, based on the terms of the heading.

We are returning your sample as you requested.

The applicable subheading for Style CIF-07-283ST, 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% 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/.

The top, Style CIF-07-283ST falls within 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. 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 Peggy Fitzgerald at 646-733-3052.


Robert B. Swierupski
National Commodity

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