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NY N010056

April 26, 2007



TARIFF NO.: 6114.20.0010

Ms. Wendy A. Klarman
American Cargo Express
435 Division Street
Elizabeth, New Jersey

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

Dear Ms. Klarman:

In your letter dated April 19, 2007 you requested a classification ruling on behalf of your client Ecko Complex LLC.

Style 33057 is a woman’s top constructed from 95 percent cotton 5 percent spandex rib knit fabric. The top does not reach the waist. The garment features a full frontal opening with a zipper closure, long sleeves with rib knit cuffs, a rib knit bottom and a hood with a drawstring.

You asserted classification as a jacket under 6102, HTSUS, however, the cropped construction of the garment would not provide sufficient protection against the elements to warrant classification as such.

We are returning your sample as you requested.

The applicable subheading for style 33057 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of cotton: Tops: Women’s. The duty rate will be 10.8% 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 33057 falls within textile category 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.


Robert B. Swierupski

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