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NY I89292




January 10, 2003

CLA-2-61:RR:NC:TA:359 I89292

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090, 6109.90.8030

Ms. Stacy Weinberg Dieve
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Counselors at Law
245 Park Avenue
33rd Floor
New York, New York 10167-3397

RE: The tariff classification of a woman’s tank top, a woman’s sleeveless garment similar to a tank top, two pullovers and a cardigan from China

Dear Ms. Dieve:

In your letter dated December 11, 2002, you requested a classification ruling on behalf of Liz Claiborne, Inc., North Bergen, New Jersey. As requested, your samples are being returned to you.

Your sample, style CIMU6461, is a woman’s tank top constructed from 56% silk, 24% rayon, 20% nylon knit fabric. The garment features a V-shaped neckline in the front and back, 1 ½ inch shoulder straps and a tubular bottom.

Style CIMU6452 is a woman’s sleeveless garment similar to a tank top constructed from 56% silk, 24% rayon, 20% nylon 1x1 ribbed knit fabric. The garment features a V-shaped neckline and a self-start bottom.

Style CIMU6454 is a woman’s pullover constructed from 56% silk, 24% rayon, 20% nylon 1x1 ribbed knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline and ¾ length sleeves with three inch slits at the ends.

Style C1MU6458 is a woman’s pullover constructed from 56% silk, 24% rayon, 20% nylon 1x1 ribbed knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a round neckline and short sleeves.

Style LCMU7414 is a woman’s cardigan constructed from 60% silk, 40% cotton variable knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline, long sleeves with 1x1-ribbed knit cuffs, a full front opening with seven button closures, and a 1x1 ribbed knit bottom.

The applicable subheading for the tank top and the garment similar to a tank top will be 6109.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: other: women’s: other. The duty rate will be 16.1% ad valorem.

The applicable subheading for the pullovers and the cardigan will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s. The duty rate will be six percent ad valorem.

The cardigan, pullovers, tank top and garment similar to a tank top fall within textile category designation 838. Based upon international textile trade agreements these products from China are not subject to quota or 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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