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NY N025238

April 25, 2008



TARIFF NO.: 6114.20.0010

Ms. Elizabeth T. Weinzierl-Gutmann
Savino Del Bene U.S.A., Inc.
New York Branch
149-10 183rd Street
Jamaica, NY 11413

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

Dear Ms. Gutmann:

In your letter dated March 17, 2008, you requested a classification ruling for a woman’s top on behalf of your client Diesel USA.

The submitted sample, Style #FYSICAL D3FX 55317, on behalf of your client Diesel USA, is a woman’s top constructed from 100% cotton knit fabric. The garment does not reach the waist and features a hood with a drawstring, a full front opening with a combination zipper and five snap closures, ¼ length sleeves, and a wide rib knit bottom.

We are returning your sample as you requested.

The applicable subheading for the top, Style #FYSICAL D3FX 55317, 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 #FYSICAL D3FX 55317, falls within textile category 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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