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NY K80876




January 8, 2004
CLA-2-61:RR:NC:TA:359 K80876

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.90.9090

Mr. Evan Perroncino
Classic Custom Brokers, Corp.
Cargo Building #80, Room 205
J.F. Kennedy International Airport
Jamaica, New York 11430

RE: The tariff classification of two women’s pullovers from China

Dear Mr. Perroncino:

In your letter dated December 8, 2003, you requested a classification ruling on behalf of 52 Weekends.

Your sample, style 771496151, is a woman’s two piece garment comprised of one pullover and one tank top that are tack sewn together at the shoulder and at the arm. The outer surface of the fabric of both garments measures more than nine stitches per two centimeters in the horizontal direction. The outer garment is a pullover that is constructed from 55% ramie, 45% cotton knit fabric and features a 2x2 ribbed knit V-shaped neckline, long sleeves and a functional drawstring on the right side extending from below the arm to the bottom. The sleeves and the bottom of this pullover are finished with tubular knitting. The inner garment is a tank top that is constructed from 100% cotton jersey knit fabric. The garment features a round neckline and sleeveless armholes. The neckline, armholes and bottom are finished with stitching.

The applicable subheading for the pullover will be 6110.90.9090, 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: other: other: other: women’s. The duty rate will be six percent ad valorem.

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women’s or girls’: other: tank tops: women’s. The duty rate will be 16.5% ad valorem.

The pullover of style 771496151 falls within textile category designation 838 and is not subject to quota and does not require a visa from China. The tank top of style 771496151 falls within textile category 339. Based upon international textile trade agreements the inner garment of this style from China is subject to quota and 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.

Sincerely,

Robert B. Swierupski
Director,

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