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NY J89667




November 5, 2003

CLA-2-61:RR:NC:TA:359 J89667

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.69.2030; 6110.30.3055

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Boulevard
Los Angeles, California 90026-5097

RE: The tariff classification of a woman’s cardigan and pants from China

Dear Ms. Antrim-Saizan:

In your letter dated October 1, 2003, you requested a classification ruling on behalf of Global Xpress, Inc., El Monte, California. As requested, your samples are being returned to you. You state in your letter that these garments contain bamboo. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber which is derived from bamboo.

Your sample, style P5976K52, is a woman’s cardigan constructed from 70% bamboo, 30% polyester velour knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a hood, long hemmed sleeves, a full front zippered opening, and a hemmed bottom.

Style P4712K52 is a woman’s pair of pants that is constructed from 70% bamboo, 30% polyester velour knit fabric. The pull-on pants feature an elasticized drawstring waistband and hemmed leg openings.

The applicable subheading for the cardigan 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.

The applicable subheading for the pants will be 6104.69.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousersknitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of other textile materials: of artificial fibers: trousers, breeches and shorts: other: trousers and breeches. The duty rate will be 28.4% 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 cardigan falls within textile category designation 639. The pants fall within textile category designation 648. 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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