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NY K82114




January 23, 2004
CLA-2-61:RR:NC:TA:359 K82114

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6110.30.3055

Ms. Lorrie Heavey
ATE Logistics, Inc.
855 South 192nd, Suite 900
SeaTac, Washington 98148

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

Dear Ms. Heavey:

In your letter dated December 17, 2003, you requested a classification ruling on behalf of Tamara Imports, 499 Seventh Avenue, New York, New York. As requested, your sample is being returned to you.

Your sample, style 222214, is a woman’s two piece garment comprised of two pullovers that are tack sewn at the shoulder. 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 constructed from 100% polyester mesh fabric and features a round neckline with knit capping, a racer style back and sleeveless armholes finished with knit capping. The inner garment is constructed from 100% cotton 2x2 rib knit fabric and features a round neckline, sleeveless armholes and a scalloped bottom.

In your letter, you refer to HQ 966635. In HQ 966635, dated October 22, 2003, it was determined that a knit top consisting of two layers was classified as a single garment, that is, as a composite good using analysis based on the General Rules of Interpretation (GRI), HTS, Rule 3. In HQ 966635, it was reasoned that both components were securely joined and inseparable at the time of importation. Your sample, however, is not securely joined and it is possible to separate the garments without damage to either garment. Therefore, the two layers of style 222214 will be classified separately.

The applicable subheading for style 222214, the outer garment, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32% ad valorem.

The applicable subheading for style 222214, the inner garment, will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.5% ad valorem.

The outer garment of style 222214 falls within textile category designation 639. The inner garment of style 222214 falls within textile designation 339. Based upon international textile trade agreements these products from Thailand are subject to quota and 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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