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NY J84337




May 5, 2003

CLA-2-61:RR:NC:TA: 359 J84337

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Doug Hyland
Nordstrom, Inc.
Customs Compliance Dept.
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Hyland:

In your letter dated April 28, 2003, you requested a tariff classification ruling.

The submitted sample, style number BP81073, is a woman’s sleeveless pullover that is constructed from 100% polyester, openwork mesh knit fabric. The garment features 2-inch shoulder straps, a scoop neckline, 11-inch drawstrings on each side from the bottom up, and a hemmed bottom. The neckline, armholes, and drawstrings are finished with woven fabric.

Although you propose that the garment is classified in item 6109.90.1090 HTS, we note that classification is precluded from heading 6109 HTS, because the silhouette of the garment is not that of a tank-top.

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: women’s. 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 Macau 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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