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NY J87820




August 27, 2003

CLA-2-61:RR:NC:TA:359 J87820

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Connie Freeman
Freight Expediters
6920 Engle Road, Suite II
Middleburg Heights, Ohio 44130

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

Dear Ms. Freeman:

In your letter dated August 4, 2003, you requested a classification ruling on behalf of Bellepoint Inc., Westerville, Ohio. As requested, your sample is being returned to you.

Your sample, style 2141-8405, is a woman’s pullover constructed from 100% rayon openwork net fabric that is covered with decorative plastic and stone beading. The garment features a round neckline and short sleeves.

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 man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem.

In your ruling request, you recommended classification of the submitted garment under HTS 3926.90.3500; however, the garment is not similar to the terms of the headings found in 3926. This item is a garment intended for use as wearing apparel. You alternatively recommended HTS 6110.19.0080; however, that is a provision for garment with a chief weight of wool.

The pullover falls within textile category designation 639. Based upon international textile trade agreements products of Hong Kong 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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