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NY M81215

March 28, 2006

CLA-2-61:RR:NC:TA:359 M81215


TARIFF NO.: 6110.30.3035

Mr. Craig VerPault
The Marmaxx Group
Imports Rt. J4S
770 Cochituate Rd.
Framingham, MA 01701

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

Dear Mr. VerPault:

In your letter dated March 13, 2006, on behalf of Newton Buying Corp. and Marshalls of MA, Inc., you requested a classification ruling. You submitted two samples that are being returned as requested.

The submitted sample, style number 10024, is a woman’s sleeveless reversible vest that is constructed from 60% cotton, 40% acrylic cable knit fabric on one side and 100% acrylic finely knit faux fur fabric on the other side. Each side features a stand up collar, a full front opening with a zipper closure, and a ribbed bottom. The faux fur fabric is visible on the collar and the armholes of the cable knit side of the garment.

The essential character is given by the faux fur side of the garment, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

Your request does not provide enough information for us to give a classification ruling for style 10013. We need the component pieces of the garment in their condition as they come off the knitting machine prior to assembly. This must include all the components of the garment.

If you decide to resubmit your request on style 10013, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

The applicable subheading for the vest will be 6110.30.3035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vests, knitted: of man made fibers: otherother: vests, other than sweater vests: 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 vest falls within textile category designation 659. 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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