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NY K86275




June 9, 2004
CLA-2-61:RR:NC:WA:361 NY K86275

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Mr. Rico Law
BEPC Limited
15761 Tapia Street
Irwindale, CA 91706

RE: The tariff classification of a woman’s upper body garment from China and Hong Kong.

Dear Mr. Law:

In your letter dated May 24, 2004, you requested a tariff classification ruling.

The top, Style #F04-1, is constructed from 50% acrylic and 50% wool knit fabric. The upper-body garment is shrug-like, has wide sleeves, extends approximately to the waist in back, and provides essentially no front coverage. The garment is decorated with beads around the edges, and on the sleeve fringe.

You have indicated in your letter that the fabric is a blend of 50% acrylic/50% wool. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

We are returning your sample as you requested.

The applicable subheading for the top, Style F04-1, will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, other, other, women's or girls’. The rate of duty will be 14.9% ad valorem.

Style F04-1 falls within textile category designation 659. Based upon international textile trade agreements this category, from China and Hong Kong is subject to quota restraints and visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our 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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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