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NY K82523





February 10, 2004
CLA-2-61:RR:NC:TA:359 K82523

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Mr. Giles Meredith-Jones
Neo-Concept (NY) Corporation
214 West 39th Street, Suite 805
New York, New York 10018

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

Dear Mr. Meredith-Jones:

In your letter dated January 19, 2004, you requested a classification ruling on behalf of Banana Republic. As requested, your sample is being returned to you.

Your sample, style 239437, is a woman’s sleeveless pullover constructed from 64% silk, 16% cotton, 18% nylon, 2% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction, but less than ten stitches per linear centimeter in each direction. The garment features a round neckline, sleeveless armholes and a one-button keyhole opening at the back. The neckline, armholes and bottom are finished with tubular fabric.

The applicable subheading for the pullover will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s. The duty rate will be six percent ad valorem.

The pullover falls within textile category designation 838. Based upon international textile trade agreements this product from Taiwan is not subject to quota and does not require 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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