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NY F87265




July 28, 2000

CLA-2-61:RR:NC:TA:361 F87265

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6104.44.2010; 6114.30.1020

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of four women’s knit garments from China.

Dear Mr. Kelly:

In your letter dated May 23, 2000, you requested a classification ruling for four women’s garments on behalf of Jones Apparel Group. The samples are being returned, as you requested.

You indicated that the submitted garments are constructed from 65% rayon, 13% polyester, 11% nylon, 7.5% metallic, and 3.5% spandex knit fabric. However, a U.S. Customs Laboratory Analysis has concluded that the construction is 64.3% rayon, 21.3% polyester, 11% nylon, and 3.4% spandex knit fabric. They stated that the lustrous fibers are polyester, not metallic.

Style E1TL22768 is a woman’s blouse with a v-shaped neckline; long sleeves; a full front opening with a button closure. The fabric is rib knit, and contains more than 10 stitches per centimeter in both the horizontal and vertical directions.

Style E1TK22778 is a woman’s halter styled dress with ¾ inch straps that tie behind the neck and a tubular knit finish at the bottom.

Style E1TL22758 is a woman’s modified halter top with a mock turtleneck; no shoulder coverage; and no coverage of the upper ½ of the back.

Style E1TK22748 is a woman’s sleeveless top with two spaghetti straps on each side that cross in the back; a v-neckline in front; and an upper back that extends straight across from side seam to side seam.

The applicable subheading for style E1TL22768 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s blouses and shirts, knitted or crocheted, of man-made fibers. The duty rate will be 33 percent ad valorem.

The applicable subheading for style E1TK22778 will be 6104.44.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sdressesknitted or crocheted: of artificial fibers. The duty rate will be 15.7 percent ad valorem.

The applicable subheading for styles E1TL22758 and E1TK22748 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: women’s or girls’. The duty rate will be 28.9 percent ad valorem.

Style E1TK22778 falls within textile category designation 636; styles E1TL22768, E1TL22758 and E1TK22748 fall within textile category designation 639. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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