The tariff classification of a woman’s top from China

N022033 January 28, 2008 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: CLASSIFICATION TARIFF NO.: 6114.20.0010 Mr. Anthony LoPresti S.J. Stile Associates Ltd. 181 South Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of a woman’s top from China Dear Mr. LoPresti: In your letter dated January 9, 2008 you requested a classification ruling on behalf of your client Cherry Stix Ltd. Style 6239X is a woman’s plus size top constructed from 57 percent cotton, 38 percent polyester and 5 percent spandex knit fabric. The sleeveless top features shoulder straps, two pockets below the waist and a hemmed bottom. The front of the garment has a square neckline and is composed of 2 panels, which are sewn together. The upper front panel has a self fabric tab with two decorative buttons at the center of the bust which gathers the fabric. The upper back of the garment extends straight across from side seam to side seam, exposing the upper half of the back. We are returning your sample. The applicable subheading for style 6239X 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. The duty rate 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/. Style 6239X 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division