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NY N015773




August 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Yvonne Long
Hugo Boss, Fashions USA, Inc.
270 Elan Court
Midway, GA 31320

RE: The tariff classification of a woman’s knit garment from Turkey

Dear Ms. Long:

In your letter dated August 12, 2007, you requested a tariff classification ruling. The provided sample is being returned as per your request.

Style THORA is a woman’s cut and sewn sleeveless pullover made of 100% rayon finely knitted fabric whose outer surface measures more than 9 stitches per 2 centimeters in the direction in which the stitches are formed. The garment simulates a tank-styled garment worn over a sleeveless scooped neck pullover. The garment is constructed from two panels (a front and a back panel) that are seamed at the sides and the shoulders. The submitted size small sample measures approximately 41 inches in length and the garment bottom is tank-styled. The wearer folds the garment bottom and brings the tank-styled straps up over the shoulders. The folded pullover garment extends to below the waist area. “Punk Princess” in printed at the upper right side of the front panel. Based on construction and styling, the garment is properly classified as an other pullover under 6110, HTSUS. Therefore, your assertion for classification as a 6114 garment is not applicable.

The applicable subheading for style THORA 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: Women’s: other. The rate of duty will be 32%.

Style THORA 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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/.

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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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