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NY K86649




July 6, 2004

CLA-2-61:RR:NC:WA:361 NY K86649

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9070; 6117.10.2010

Mr. Doug Hyland
Nordstrom
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a woman’s upper body garment and shawl from Hong Kong.

Dear Mr. Hyland:

In your letter dated June 8, 2004, you requested a classification ruling for a woman’s knit upper body garment and shawl.

The submitted samples are described as follows:

Style #BP92649 - a woman’s upper body garment constructed from 55% ramie, 15% acrylic, 15% nylon, and 15% angora knit fabric. The top does not reach the waist and features a V-shaped neckline, long sleeves, a full front opening with a one-button closure at the top, rib knitting around the neckline and cuffs, and a rib knit bottom. Because the garment is open from the neck to the bottom, it does not provide front coverage.

Style #BP92547 - a woman’s shawl constructed from 70% acrylic, and 30% wool knit fabric. The item extends from the shoulder to above the elbow, and above the waist. It features a full front opening and a self-tie closure.

Although you have suggested that Style BP92649 be classified as a top in heading 6114.90.9010, the submitted garment does not provide front coverage, and therefore classified in heading 6114.90.9070, as an “other” garment.

We are returning your samples as you requested.

The applicable subheading for Style BP92649 will be 6114.90.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted of other textile materials, other, other, other. The rate of duty will be 5.6% ad valorem.

Style BP92649 falls within textile category designation 859. Based upon international textile trade agreements this category, from Hong Kong is presently not subject to quota restraints or visa requirements.

The applicable subheading for Style BP92547 will be 6117.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted;knitted or crocheted parts of garments or of clothing accessories, shawls, of man-made fibers, containing 23 percent or more by weight of wool or fine animal hair. The rate of duty will be 11.3% ad valorem.

Style BP92547 falls within textile category designation 459. Based upon international textile trade agreements this category, from Hong Kong is presently not subject to quota restraints or visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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