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NY I89316





February 25, 2003

CLA-2-61:RR:NC:TA: 359 I89316

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Annemarie DeVivo
Barthco International, Inc.
390 Franklin Avenue
Franklin Square, NY 11010

RE: The tariff classification of a woman’s pullover from China

Dear Ms. DeVivo:

In your letter dated December 13, 2002, on behalf of Combined Interest, 1410 Broadway, Suite# 300, New York, NY 10018, you requested a tariff classification ruling.

The submitted sample, style number P-02 is a woman’s knit pullover. You state that the fiber content is 70% bamboo, 30% tencel. In order to classify your garment we have submitted it to the U.S Customs laboratory at New York for analysis of the fiber content. The laboratory has reported that the pullover is composed of 87.9% lyocell (tencel), 10.2% nylon and 1.9% spandex. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a ribbed shirt-type collar, short tubular hemmed sleeves, a 3- button partial opening in the chest area, and a tubular hemmed bottom.

Your sample is being returned as requested.

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of man made fibers: otherother. The duty rate will be 32.2% ad valorem.

The pullover falls 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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