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NY K80797

December 15, 2003
CLA-2-61:RR:NC:TA:359 K80797


TARIFF NO.: 6110.90.1060

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road
Valley Stream NY 11580

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

Dear Mr. Weinrauch:

In your letter dated November 26, 2003, you requested a classification ruling on behalf of Mometrends, Inc., New York, New York. As requested, your sample is being returned to you.

Your sample, E43211, is a woman’s pullover constructed from 78% silk, 22% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features one-inch wide shoulder straps, a round neckline in the front and in the back, off-the-shoulder cap sleeves and two three-inch wide 2x2 rib knit inserts that extend from the armhole to the bottom and create a decorative gathering affect.

The applicable subheading for the pullover will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: containing 70 percent or more by weight of silk or silk waste: other: women’s. The duty rate for 2003 will be 1.4% ad valorem. The duty rate for 2004 will be 0.9% ad valorem.

The pullover falls within textile category designation 739. Based upon international textile trade agreements this product from China is not subject to quota but does require 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.customs.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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