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NY L81665




January 31, 2005

CLA-2-61:RR:NC:TA:359 L81665

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1560; 6114.30.3070

Ms. Jada Evans
May Merchandising Company
May Department Stores International Inc.
615 Olive Street
St. Louis, MO 63101

RE: The tariff classification of a woman’s knit shrug and a sleeveless pullover from Hong Kong

Dear Ms. Evans:

In your letter dated December 28, 2004, you requested a classification ruling. As requested, your samples are being returned to you.

Your sample, style 80277, is a woman’s two-piece garment comprised of woman’s shrug and a woman’s pullover. Both garments of style 80277 are constructed from 27% wool, 31% nylon, 27% rayon, 15% cotton knit fabric. The outer surface of each garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The shrug features long sleeves, shoulder coverage, a back that extends approximately 11 inches, and an front opening with no means of closure. The pullover features a V-shaped neckline finished with rib knit fabric, rib knit one-inch wide shoulder straps, and a rib knit bottom.

The applicable subheading for the shrug of style 80277 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other: other: women’s. The duty rate will be 14.9% ad valorem.

The applicable subheading for the pullover of style 80277 will be 6110.30.1560, 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: women’s. The duty rate will be 17% ad valorem.

The shrug of style 80277 falls within textile category designation 659. The pullover of style 80277 falls within textile category designation 438. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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