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NY K80215

November 18, 2003
CLA-2-61:RR:NC:TA:359 K80215


TARIFF NO.: 6110.90.9070

Mr. John Imbrogulio
Nordstrom, Inc.
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a woman’s pullover from Hong Kong

Dear Mr. Imbrogulio:

This letter replaces New York Ruling Letter (NYRL) NY J88864 that was issued to you on October 1, 2003. In your letter dated October 7, 2003 you state that the fiber content of style W91690SILCO was not completely given by this office (42% silk, 35% silk, 20% nylon). The correct fiber content is 42% silk, 35% cotton, 20% nylon, 3% spandex. Please see correction below.

In your letter dated September 19, 2003 you requested a tariff classification ruling.

The submitted sample, style number W91690SILCO, is a woman’s sleeveless pullover that is constructed from 42% silk, 35% cotton, 20% nylon, 3% spandex, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features ¼ inch wide shoulder straps, a V-front, a square back, and a rib knit bottom. The shoulder straps, the armholes, the V-front, and the square back are finished with ribbed fabric.

Although you suggest that the garment is classified in item 6109.90.8030 HTS, we note, that classification is precluded from 6109 HTS, because the rib knit waistband does present a tightening at the bottom of the garment.

Your sample is being returned as requested.

The applicable subheading for the pullover will be 6110.90.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of other textile materials: otherother: subject to cotton restraints: women’s. The rate of duty will be 6% ad valorem.

The pullover falls within textile category designation 339. Based upon international textile trade agreements products of Hong Kong 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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