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NY J89807




November 14, 2003
CLA-2-61:RR:NC:TA:359 J89807

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Jennifer Royal
AFI (California), Inc.
2381 Rosecrans Avenue, #100
El Segundo, CA 90245

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

Dear Ms. Royal:

In your letter dated October 16, 2003, you requested a classification ruling on behalf of Sennex USA & Assoc., El Monte, California. 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 AKR8, is a woman’s pullover constructed from 60% bamboo, 40% cotton jersey knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a round neckline finished with overlock stitches, short hemmed sleeves and a hemmed bottom.

In your ruling request, you recommended classification of the submitted garment under HTS 6110.90.9090, however, the garment is comprised of artificial fibers.

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.

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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