CLA-2-61-CL:FO:CB:I20 GG

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two women’s knit tank tops to be manufactured in Hong Kong

Dear Mr. Kelly:

In your letter dated April 4, 2000, you requested a tariff classification ruling on behalf of Jones Apparel Group USA, Inc., of Bristol, Pennsylvania.

The submitted samples, designated style numbers C21490548 and C21970898, are two women’s tank tops manufactured from a 100% merino wool fabric having thirteen stitches per two centimeters measured in the direction the stitches were formed.

Style number C21490548 features a U-neckline with a drop in both front and back, shoulder straps measuring two inches in width at the tops of the shoulders, frontal beading that is widely spaced near the top of the garment and tightly spaced near the bottom, and a straight, narrow, rib knit bottom.

Style number C21970898 features a U-neckline with a drop in both front and back, shoulder straps measuring one and three-quarters inches in width at the tops of the shoulders, and a straight, banded bottom.

The applicable subheading for the garments is 6109.90.8020, Harmonized Tariff Schedule of the United States, which provides for other women’s or girls’ T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of wool. The applicable rate of duty is 16.4% ad valorem.

The garments fall within textile category designation 438. Based on international textile trade agreements, products of Hong Kong are subject to quota and the requirement of a visa.

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. 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 for inspection at your local Customs office. The sample is being returned to you, as requested.

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.

Sincerely,

John M. Regan
Service Port Director
Port of Cleveland