N109684 N1 Ruling Active

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

Issued June 29, 2010 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 6114.30.1020

Headings: 6114

Product description

The submitted sample, Style #G-RY-1228-B, is woman’s top constructed from 92% nylon, and 8% spandex knit fabric. The top extends below the waist and features elasticized adjustable shoulder straps, a modified U-shaped neckline in front, and a tubular bottom. The garment provides sufficient coverage of the bust. The upper portion of the back extends straight across from side seam to side seam, exposing the upper half of the back. In your ruling request, you recommended classification of the submitted sample under HTS 6108.92.0015, as an undergarment. The garment is properly classified under HTS 6114.30.1020, because it is intended to be visible when worn. Therefore, the top is not classified as an undergarment. We are returning your sample.

CBP rationale

The applicable subheading for the top, Style #G-RY-1228-B, 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’.

Full text

N109684 June 29, 2010 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6114.30.1020 Ms. Mahir Akarsu BJ’s Wholesale Club One Mercer Road P.O. Box 9601 Natick, MA 01760-9601 RE: The tariff classification of a woman’s top from China. Dear Ms. Akarsu: In your letter dated June 8, 2010, you requested a tariff classification ruling for a woman’s knit top. The submitted sample, Style #G-RY-1228-B, is woman’s top constructed from 92% nylon, and 8% spandex knit fabric. The top extends below the waist and features elasticized adjustable shoulder straps, a modified U-shaped neckline in front, and a tubular bottom. The garment provides sufficient coverage of the bust. The upper portion of the back extends straight across from side seam to side seam, exposing the upper half of the back. In your ruling request, you recommended classification of the submitted sample under HTS 6108.92.0015, as an undergarment. The garment is properly classified under HTS 6114.30.1020, because it is intended to be visible when worn. Therefore, the top is not classified as an undergarment. We are returning your sample. The applicable subheading for the top, Style #G-RY-1228-B, 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/. 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

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