CLA-2-61:RR:NC:WA:361 I81960

Ms. Ali Baron
Sharretts, Paley, Carter & Blauvelt, P.C.
75 Broad Street
New York, NY 10004

RE: The tariff classification of two women’s knit garments from China – correction to Ruling NY I80547.

Dear Ms. Baron:

This letter replaces the ruling letter we sent to you on May 15, 2002 under file number NY I80547. The purpose of this replacement letter is to correct a clerical error. On May 21, 2002, you informed this office of a clerical error in the style number shown on page #2, second paragraph. The error has now been corrected. We regret any inconvenience this may have caused you. In your letter dated April 26, 2002, on behalf of your client Polo Ralph Lauren Corp., you requested a tariff classification ruling. The submitted samples are described as follows:

Style #17364 - a woman’s tank top constructed from 100% cashmere knit fabric. The garment is sleeveless, extends below the waistline and features a u-shaped neckline in front and back, shoulder straps measuring approximately 1¼"in width at the top of the shoulder, and a tubular knit bottom.

Style #17368 – a woman’s “scarfneck” top constructed from 100% cashmere knit fabric. The garment features an elasticized straight back, and a rib knit bottom. The front of the garment is a long single panel extending approximately 60 inches longer at the top of the front than the back panel. When worn, this extension is intended to be draped around the neck like a scarf.

The applicable subheading for the tank top, Style #17364, will be 6109.90.8020, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, other, women’s or girls’:Of wool. The rate of duty will be 16.2% ad valorem.

Style #17364, falls within textile category designation 438. Based upon international textile trade agreements this category, from China is subject to quota restraints and visa requirements.

The applicable subheading for the tube top, Style #17368, will be 6114.10.0040, harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of wool or fine animal hair, tops, women’s or girls. The rate of duty will be 13% ad valorem.

Style #17368, falls within textile category designation 438. Based upon international textile trade agreements this category, from China is subject to quota restraints and visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment 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