CLA-2-61:RR:NC:WA:361 I81114

Ms. Joanna Russell
The Donna Karan Company
600 Gotham Parkway
Carlstadt, NJ 07072

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

Dear Ms. Russell:

In your letter dated April 19, 2002, you requested a tariff classification ruling. The submitted sample, Style #P320926ZA, is a woman’s top constructed from 77% silk, 20% nylon, and 3% spandex rib knit fabric. The garment features a straight front and elasticized adjustable straps. The top also has a 7½? wide satin overlay stitched on the front panel, and a self-start bottom. The upper portion of the back is cut straight across from side seam to side seam.

We are returning your sample as you requested.

The applicable subheading for Style #P320926ZA, will be 6114.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of other textile materials, containing 70 percent or more by weight or silk or silk waste, tops, women’s or girls’. The rate of duty will be 1.9% ad valorem.

Style #P320926ZA, falls within textile category designation 739. Based upon international textile trade agreements this category, from the China is presently not subject to quota restraints or visa requirements. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.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 Angela DeGaetano at 646-733-3052.

Sincerely,


Robert B. Swierupski
Director
National Commodity
Specialist Division