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NY N009963




April 24, 2007

CLA-2-61:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Mr. Peter Salvato
Import Commodity Group Ltd.
131 East Merrick Road
Valley Stream, NY 11580

RE: The tariff classification of a girls’ top from China.

Dear Mr. Salvato:

In your letter dated April 17, 2007, on behalf of Impact Imports International, you requested a classification ruling. The sample will be retained by this office for reference purposes.

Your submitted sample, style 3248GTD is a girls’ knit pullover top. The article is constructed from two components. The components are permanently attached and if separated would impair the individual parts. The inner shell has the characteristics of a knit sleeveless top with a scooped neck and finished bottom constructed from 90% cotton and 10% spandex material. The outer shell is constructed of a knitted 100% polyester velveteen fabric. The outer portion resembles a shrug and features long sleeves with finished edges, a tie front closure and a finished bottom. The outer surface of the garment measures more than nine stitches per 2 centimeters in the direction that the stitches are formed. The essential character is imparted by the polyester velveteen outer portion of the garment.

The applicable subheading for style 3248GTD will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other, other: women’s or girls’: other. The duty rate will be 32 percent 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/.

Style 3248GTD falls within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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