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NY J88377

October 8, 2003

CLA-2-61:RR:NC:TA:359 J88377


TARIFF NO.: 6110.30.3055

Mr. Frank Spadaro
Spadaro International Services
156-15 146th Ave., Suite 101
Jamaica, NY 11434-4620

RE: The tariff classification of three women’s knit garments from China

Dear Mr. Spadaro:

In your letter dated September 3, 2003, on behalf of Perry Ellis Womans wear you requested a tariff classification ruling.

You submitted three samples of women’s knit garments. You state that the three garments are made of 100% soybean fiber. For the purposes of this ruling , we are assuming that what you call soybean is actually an artificial fiber which is derived from soybean. The outer surface of each garment measures more than 9 stitches per 2 centimeters in the horizontal direction. Style 54096-62 is a woman’s sleeveless pullover that features a boat neckline and a rib knit bottom. The neckline and the armholes are finished with rolled and ribbed fabrics.

Style 54092-62 is a woman’s sleeveless pullover that features a V-front, a V-back, 4 inch wide shoulder straps, and a ribbed edge bottom. The V-front, the V-back and the armholes are finished with silk Georgette woven fabric.

Style 54072-62 is a woman’s cardigan that features a silk Georgette woven lining, a V-neckline, long sleeves, a full front opening with 2 hook and eye closures, and a self-fabric tie belt. The neckline, sleeves, placket and the bottom are finished with the Georgette fabric.

The cardigan and the belt of style 54072-62 are considered as a composite good. The essential character is given by the cardigan. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from soybean.

Your samples are being returned as requested.

The applicable subheading for each garment will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32.2% ad valorem.

Each garment falls within textile category designation 639. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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.cbp.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 Mike Crowley at 646-733-3049.


Robert B. Swierupski

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