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NY M80528

March 14, 2006

CLA-2-61:RR:NC:TA:359 M80528


TARIFF NO.: 6110.30.3059

Mr. Darrell R. Norman
Trans Pacific Logistics, LLC
9911 Inglewood Avenue, Suite 106
Inglewood, CA 90301

RE: The tariff classification of a woman’s pullover from China

Dear Mr. Norman:

In your letter received in this office on February 28, 2006, on behalf of Karen Kane, Inc., you requested a classification ruling.

The submitted sample, style number 3L89812, is a woman’s pullover that is constructed from 95% polyester, 5% spandex velvet knit fabric (the upper portions of the body and sleeves of the garment) and 52% silk, 28% cotton, 17% nylon, 3% spandex jersey knit fabric (the lower portions of the body and the sleeves). The outer surface of the fabrics measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a V-neckline, long sleeves with ribbed cuffs, and a ribbed bottom. The neckline, the sleeves, the chest area, and the upper back have decorative openwork crocheted fabric trim. The crocheted fabric trim, a component, is not knit to shape. The garment does not meet the requirements of statistical note 6, chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

The essential character of the garment is given by the manmade fiber velvet fabric, HTSUS, General Rules of Interpretation (GRI) Rule 3, noted.

The applicable subheading for the pullover will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of manmade fibers: otherother: women’s. The duty rate will be 32% 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 pullover falls within textile category designation 639. 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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