The tariff classification of a woman’s knit garment similar to a tank top from China.

N052846 March 26, 2009 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6109.10.0070 Ms. Zoey Yang Avon Products, Inc. 1251 Avenue of the Americas New York, NY 10020-1196 RE: The tariff classification of a woman’s knit garment similar to a tank top from China. Dear Ms. Yang: In your letter dated February 17, 2009, you requested a classification ruling for a woman’s knit garment. The submitted sample, Style #1090421, is a woman’s knit garment, similar to a tank top. The garment extends below the waist and is constructed from 100% cotton knit fabric. The garment features a U-shaped neckline in front, with spangles sewn around the front of the neckline, oversized armholes, shoulder straps measuring 2? inches in width, and a hemmed bottom. In your ruling request, you recommended classification of the submitted garment under HTS 6109.10.0060, as a tank top. Although Style 1090421 retains the overall silhouette of a tank top, the shoulder straps measure more than two inches in width at the top of the shoulder. As such, the garment is considered to be "similar to" a tank top, and classified under HTS 6109.10.0070. The applicable subheading for Style 1090421 will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton, women’s or girls’, other, other. The rate of duty will be 16.5% 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