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NY I82029




June 5, 2002

CLA-2-61:RR:NC:WA:361 NY I82029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6110.30.3055; 6114.30.1020

Mr. Frank Saviano
Agra-Services Brokerage Co., Inc.
221-20 147th Street
Jamaica, New York 11413

RE: The tariff classification of a woman’s nightgown, pullover and top China.

Dear Mr. Saviano:

In your letter dated May 20, 2002, on behalf of August Silk Inc., you requested a classification ruling for three women’s garments. The submitted samples are being returned as you requested..

The three submitted garments are constructed from 88 percent nylon, 12 percent spandex kit openwork fabric.

Style C1271 is a woman’s knee length nightgown with ¼ inch adjustable elasticized shoulder straps, and a plain, hemmed bottom.

Style C4203 is a woman’s top with ¼ inch adjustable elasticized shoulder straps, a V-shaped neckline in front, and a plain, hemmed bottom. The upper edge of the back extends straight across from side seam to side seam.

Style C2185 is a woman’s pullover. The long sleeve pullover has a rounded neckline and a plain, hemmed bottom. The fabric of the pullover has more than nine stitches per two centimeters measured in the horizontal direction.

The applicable subheading for style C1271 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’snightdresses Knitted or crocheted: Of man-made fibers. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for style C4203 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 28.6 percent ad valorem.

The applicable subheading for style C2185 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Pulloversand similar articles, knitted or crocheted: Of man-made fibers: Women’s or girls’. The duty rate will be 32.4 percent ad valorem.

Style C1271 falls within textile category designation 651; styles C4203 and C2185 fall within textile category designation 639. Based upon international textile trade agreements products from 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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