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NY J80587




January 31, 2003

CLA-2-61:RR:NC:WA:361 NY J80587

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090; 6114.90.9010

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

RE: The tariff classification of four women’s knit garments from China – correction to ruling I88744.

Dear Ms. Weinberg Dieve:

This letter is being issued to correct clerical errors in NY Ruling I88744. The information provided below reflects these corrections.

In your letter dated December 11, 2002, you requested a classification ruling for four women’s knit garments on behalf of Liz Claiborne, Inc. The items were returned in conjunction with the original ruling.

Style QBMU3271 is composed of 52 percent silk, 23 percent nylon, 21 percent cotton, and four percent spandex knit fabric. The garment is a woman’s sleeveless pullover with one inch shoulder straps and a v-shaped neckline in front. The upper back extends from side seam to side seam, exposing approximately the upper third of the back. The shoulder straps and bottom are trimmed with crochet, beading and ribbon.

Style QBMU3272 is composed of 52 percent silk, 23 percent nylon, 21 percent cotton, and four percent spandex knit fabric with approximately 18 stitches per two centimeters measured in the horizontal direction. The garment has long sleeves with a full front opening and lace-up ribbon closure. The bottom is finished with a ruffled effect and the front opening, neckline, and sleeves are trimmed with crochet, beading and ribbon.

Style QBMU3273 is composed of 52 percent silk, 23 percent nylon, 21 percent cotton, and four percent spandex knit fabric with more than nine stitches per two centimeters in the horizontal direction. The garment is a woman’s pullover with a v-shaped neckline and ¾ length sleeves. The neckline, sleeves and bottom are finished with a scalloped edging. The sleeves are trimmed with ribbon.

Style QBMU3395 is composed of 68 percent silk, 27 percent cotton, four percent other fibers and one percent spandex knit fabric with more than nine stitches per two centimeters in the horizontal direction. The garment is a woman’s pullover with a rib knit shirt-type collar; a v-shaped neckline; long sleeves with cuffs; and a rib knit bottom.

For three of the above garments, you have indicated in your letter that the fabric is a blend of 52 percent silk, 23 percent nylon, 21 percent cotton, and four percent spandex. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

The applicable subheading for styles QBMU3272, QBMU3273, and QBMU3395 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spullovers and similar articlesknitted or crocheted: Of other fibers: Other. The duty rate will be 6% ad valorem.

The applicable subheading for style QBMU3271 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garmentsknitted or crocheted: Of other fibers: Top: Women’s. The duty rate will be 5.6% ad valorem.

The four styles fall within textile category designation 838. Based upon international textile trade agreements this category, from China, is subject to neither quota nor 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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