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NY J82143




August 21, 2003

CLA-2-61:RR:NC:TA:359 J82143

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Yves G. Paul
Donnkenny Apparel Inc.
1411 Broadway
New York, New York 10018

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

Dear Mr. Paul:

In your letter dated February 26, 2003, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style OLC-001/03, is a woman’s pullover constructed 2x2 rib knit fabric. You stated in your letter that the fiber content is 70% bamboo, 30% rayon. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a turtleneck collar and long sleeves.

In order to classify your merchandise we referred your request to the U.S. Customs Bureau’s Laboratory in New York. The laboratory has reported that your sample, style OLC-001/03, has the following composition by weight: 65.9% rayon, 34.1% cotton.

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo.

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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