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April 6, 1999

CLA-2-61:RR:NC:WA:361 D88993

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.10.0070; 6114.20.0060; 6114.90.1060

Ms. ToRay Henry
Import Manager
Speed Sourcing, Inc.
2140 City Gate Drive
Columbus, Ohio 43219

RE: The tariff classification of women’s “shrugs” from China, Madagascar and Cambodia.

Dear Ms. Henry:

In your letter dated March 5, 1999, you requested a classification ruling for four garments, two of which were submitted. The samples are being returned, as you requested.

Style 0638C, which was submitted with the request, is a woman’s “shrug” constructed from 85% cotton, 15% spandex rib knit fabric. The garment is worn on the upper part of the body, enclosing the shoulders in a single tube. The garment extends from the shoulders to just above the chest, and has long sleeves. It has a boat neckline and a rib knit bottom. This garment will also be imported under style 0638M (not submitted) in 100% cashmere.

Style 9204096, which was submitted with the request, is a woman’s “shrug” constructed from 85% silk, 15% spandex knit fabric. The garment is worn on the upper part of the body, and extends from the shoulders for approximately eight inches in the back. The garment is open in front, and has two small panels that cover the shoulders. The garment has long sleeves finished in a rib knit, and a tubular knit that finishes the bottom and front opening. This garment will also be imported under style 9404040 (not submitted) in 80% cotton, 18% nylon, 2% spandex.

The applicable subheading for 0638C and 9404040 will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, other, women or girls. The rate of duty will be 11.2 percent ad valorem.

The applicable subheading for 0638M will be 6114.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of wool or fine animal hair, other, women or girls. The rate of duty will be 14.5 percent ad valorem.

The applicable subheading for 9204096 will be 6114.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, containing 70% or more by weight of silk or silk waste, other. The rate of duty will be 3.4 percent ad valorem.

Styles 0638C and 9404040 fall within textile category designation 359; style 0638M falls within textile category designation 459; style 9204096 falls within textile category designation 759. Based upon international textile trade agreements, products of China, are subject to a visa requirement and quota restraints. These products, when imported from Cambodia or Madagascar, are not presently subject to a visa requirement and quota restraints.

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 for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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