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NY K86330




June 29, 2004
CLA-2-61:RR:NC:TA:359 K86330

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Yvonne M.W. Richardson
The Millwork Trading Co., Ltd.
1372 Broadway, 2nd Floor
New York, New York 10018

RE: The tariff classification of two women’s pullovers from Taiwan

Dear Ms. Richardson:

In your letter dated May 26, 2004, you requested a classification ruling on behalf of Spanx. As requested, your sample is being returned to you.

Your first sample, style 020, is a woman’s pullover constructed from 90% polyester, 10% spandex knit fabric. The outer surface of the garment measure more than nine stitches per two centimeters in the horizontal direction. The garment features a round neckline, ¾ length sleeves, a 79% polyester, 21% spandex lining and a hemmed bottom.

Your second sample, style 021, is a woman’s sleeveless pullover constructed from 90% polyester, 10% spandex knit fabric. The outer surface of the garment measure more than nine stitches per two centimeters in the horizontal direction. The garment features a round neckline, sleeveless armholes, a 79% polyester, 21% spandex lining and a hemmed bottom.

The applicable subheading for both pullovers 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% ad valorem.

The pullovers fall within textile category designation 639. Based upon international textile trade agreements these products from Taiwan are subject to quota and require visas.

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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