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NY N017570

October 19, 2007



TARIFF NO.: 6114.30.1020

Ms. Tami Shaw
Abercrombie & Fitch Trading Co.
6301 Fitch Path
New Albany, OH 43054

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

Dear Ms. Shaw:

In your letter dated September 18, 2007, you requested a classification ruling. The submitted sample, Style #5A1009, is a woman’s top constructed from 100% polyester knit fabric. The sleeveless garment extends below the waist and features a V-neckline, adjustable shoulder straps, a fabric tie at the waist inserted through five belt loops, and a hemmed bottom. The upper portion of the back extends straight across from side seam to side seam.

You have requested classification of this style as sleepwear (nightdress). However, based on the garment’s appearance, it is clearly capable of being worn as non-intimate apparel. As such, the garment will not be classified as sleepwear in heading 6108.

Your sample is being returned as requested.

The applicable subheading, for the top, Style 5A1009, will be 6114.30.1020 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted, of man-made fibers: Tops, Women’s or girls’. The rate of duty will be 28.2% 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 5A1009, fall within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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