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NY M85848

September 7, 2006

CLA-2-61:RR:NC:WA:361 NY M85848


TARIFF NO.: 6114.30.3070

Ms. Gail T. Cummins

Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of two women’s upper body garments from Bangladesh, China or India.

Dear Ms. Cummins:

In your letter dated August 17, 2006, you requested a classification ruling for two women’s knit upper body garments on behalf of Intertex Apparel, Ltd. The submitted samples will be returned to you, as requested.

Style E9111 is a woman’s upper body garment constructed from 100 percent acrylic knit fabric. The garment has a hood, a full front opening with two buttons at the bottom, ¾ length sleeves, and a rib knit bottom. The garment covers approximately half of the back, but provides insufficient coverage of the bust.

Style E9202 is a woman’s upper body garment constructed from 100 percent acrylic knit fabric. The pullover extends to the hip and has a deep, wide V neckline, short sleeves, a self-fabric belt woven through the garment at the waist, and a rib knit bottom. The garment does not provide sufficient coverage of the bust.

The applicable subheading for both garments will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 14.9% 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/.

Both garments fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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