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NY K80703




December 9, 2003
CLA-2-61:RR:NC:WA:361 NY K80703

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6110.30.3055

Mr. Rodney Ralston
UPS Supply Chain Solutions
One Trans-Border Drive
Champlain, NY 12919

RE: The tariff classification of women’s garments from Canada.

Dear Mr. Ralston:

In your letter dated September 8, 2003, with additional information provided in your letter received on November 18, 2003, you requested a classification ruling for five women’s garments on behalf of Baltex, Inc. The samples will be returned, as requested.

Style 61224 is a women’s shirt constructed from 98 percent polyester, two percent spandex knit fabric with more than ten stitches per centimeter in both the horizontal and vertical directions. The shirt has a full front opening with a button closure, a drawstring at the waist, and a hemmed bottom with side slits.

Style 61374 is a women’s pullover constructed from 75 percent polyester, 17 percent nylon, and eight percent spandex knit mesh fabric with more than nine stitches per two centimeters in the horizontal directions. The pullover has a rounded neckline, long sleeves, and an unfinished bottom.

Style 61244 is a women’s upper body garment constructed from 98 percent polyester, two percent spandex knit fabric with more than nine stitches per two centimeters in the horizontal directions. The garment has a rounded neckline, short sleeves, a full front opening with a zipper closure, pockets below the waist, and a hemmed bottom with side slits.

Style 61264 is a women’s pullover constructed from 99 percent polyester, one percent spandex knit fabric with more than nine stitches per two centimeters in the horizontal directions. The fully lined pullover has a v-shaped neckline, long sleeves garment has a rounded neckline, and long sleeves. The bottom of the garment is finished with overlock stitches, and side slits extend upward approximately 8 inches from the bottom. The fabric of the garment also has cutouts that are finished with embroidery stitches.

The applicable subheading for styles 61224 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sshirts, knitted or crocheted: Of man-made fibers. The duty rate will be 32.3% ad valorem. Effective January 1, 2004, the duty rate will be 32% ad valorem.

The applicable subheading for styles 61374, 61234, 61244, and 61264 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: women’s. The duty rate will be 32.2% ad valorem. Effective January 1, 2004, the duty rate will be 32% ad valorem.

All five of the submitted garments fall within textile category designation 639. Products of Canada are neither subject to quota restraints nor 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.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,

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