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NY K85971




June 8, 2004

CLA-2-61:RR:NC:TA:359 K85971

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Melissa Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

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

Dear Ms. Fox:

In your letter dated May 6, 2004, on behalf of Jones Apparel Group, you requested a tariff classification ruling.

The submitted sample, style number 11B5M7798, is a set comprised of a 64% rayon, 36% nylon knit pullover and a detachable artificial flower that is made of textile lace fabric and that is pinned to the pullover near the armhole on the left side. The front panel is a 2x2 rib knit fabric and the back panel is a jersey knit fabric. In a telephone conversation with the appropriate National Import Specialist Assistant, you stated that the front and back panels and the artificial flower are all made with the same fiber content. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a V-shaped neckline finished with rib knit capping and sleeveless armholes finished with rib knit capping.

The pullover and the artificial flower are considered as a set. The pullover gives the essential character. The essential character of the pullover is given by the front panel. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

Your sample is being returned as requested.

The applicable subheading for the set will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of man-made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

Although style 11B5M7798, the set, is classified under one (HTS) subheading, each item in the set may require a visa. The pullover falls within textile category designation 639. Based upon international textile trade agreements category 639 from Hong Kong is subject to quota and requires a visa. The flower of style 11B5M7798 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.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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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