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NY H88145




March 6, 2002

CLA-2-61:RR:NC:WA:361 NY H88145

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Garth Pauley – Import Specialist
Limited Distribution Services
Seven Limited Parkway
Reynoldsburg, Ohio 43068-5300

RE: The tariff classification of a woman’s knit upper body garment from India.

Dear Mr. Pauley:

In your letter dated February 6, 2002, you requested a classification ruling for a woman’s garment. The item is being returned as you requested.

Style T2732SU2 is a woman’s upper body garment constructed from both a knit and a woven fabric. The upper third of the front and back of the garment is constructed from 75% rayon, 35% nylon raschel knit fabric; the lower 2/3rds of the garment is constructed from 96% cotton, 4% spandex woven fabric. The raschel knit fabric has fewer than ten stitches per centimeter. The submitted sample a wrap blouse like garment with a stand-up ruffle collar; capped sleeves; one button at the top of the neckline; and a belted wrap closure.

As noted above, the garment is made up of two different types of fabric. Such garments are considered a composite good, with the classification determined by that fabric that provides the essential character. In this case, the raschel knit fabric provides the essential character since it provides a significant visual effect to the garment. The garment, therefore, is considered to be composed of a man-made fiber knit fabric.

The applicable subheading for style T2732SU2 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweatersand similar articles, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 32.4 percent ad valorem.

The garment falls within textile category designation 639. Based upon international textile trade agreements products of India 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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