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NY J89301




October 23, 2003

CLA-2-61:RR:NC:WA:361 NY J89301

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.23.0032; 6104.23.0036

Ms. Pilar Dorfman
E. Besler & Company
115 Martin Lane
Elk Grove Village, Illinois 600007-1309

RE: The tariff classification of a woman’s knit Ensemble from China.

Dear Ms. Dorfman:

In your letter dated September 4, 2003, on behalf of your client LTD Commodities, Inc., you requested a classification ruling for a woman’s knit Ensemble.

The submitted sample, Style #TCW, is a woman’s two-piece ensemble consisting of a cardigan-like upper body garment, and a pair of trousers, constructed from 80% polyester, and 20% cotton terry knit fabric. Both garments are of the same color, style, composition, and corresponding sizes. The cardigan-like upper body garment of Style TCW features a hood with a drawstring, long sleeves, a full front opening with a zipper closure, pockets at the waist, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The trousers of Style TCW feature an elasticized waist with a drawstring and hemmed leg openings with side slits.

We are returning your samples as you requested.

The applicable subheading for the trousers of Style TCW will be 6104.23.0032, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ensembles, knitted or crocheted, of synthetic fibers, other, trousers. The rate of duty will be 28.4% ad valorem. This is the rate of duty that would apply if the garments were entered separately and classified in subheading 6104.63.2011.

The trousers of Style TCW fall within the textile category designation 648. Based upon international textile trade agreements, category 648 from China is subject to visa requirements and quota restraints.

The applicable subheading for the cardigan-like upper body garment of Style TCW will be 6104.23.0036, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ensembles, knitted or crocheted, of synthetic fibers, other, other. The rate of duty will be 32.2% ad valorem. This is the rate of duty that would apply if the garments were entered separately and classified in subheading 6110.30.3055.

The cardigan-like upper body garment of Style TCW falls within the textile category designation 639. Based upon international textile trade agreements, category 639 from China is subject to visa requirements and quota restraints.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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,
National Commodity

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