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NY L89142

January 5, 2006

CLA-2-61:RR:NC:TA:359 L89142


TARIFF NO.: 6104.33.2000; 6109.90.8030

Ms. Cherie R. Fuller
Vicka Limited
2055 Autumn Leaves Circle
Green Bay, WI 54313

RE: The tariff classification of a woman’s bolero jacket and tank top from China

Dear Ms. Fuller:

In your letter dated December 5, 2005 you requested a classification ruling. Your samples are being returned as requested.

The submitted sample, style number 506101, is a woman’s two-piece garment that is comprised of a bolero jacket and a sleeveless tank top. The tank top is attached to the jacket in the shoulder area. The tank top is not permanently attached to the jacket.

The bolero jacket is constructed from three panels sewn together lengthwise and it does not reach the waist. It is constructed from 100% polyester, knit fabric. The jacket features a U-neckline, short sleeves, and a full front opening with a tie closure. The neckline, sleeves, placket and the bottom are finished with rib knit fabric.

The tank top is constructed from 55% ramie and 45% cotton, knit fabric. It features a scoop neckline, spaghetti shoulder straps, and a hemmed bottom.

The applicable subheading for the bolero jacket will be 6104.33.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s suit-type jackets, knitted: of synthetic fibers: other. The duty rate will be 28.2% ad valorem.

The applicable subheading for the tank top will be 6109.90.8030, which provides for women’s tank tops, knitted: of other textile materials: other: women’s: other. The duty rate will be 16% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The bolero jacket falls within textile category designation 635. The tank top falls in category 838. 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.


Robert B. Swierupski

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