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NY K87070




June 30, 2004
CLA-2-61:RR:NC:WA:359 K87070

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Karen Yost
CAir International, Inc.
11222 S. La Cienega Blvd., Suite 100
Inglewood, CA 90304

RE: The tariff classification of a woman’s pullover from Hong Kong or China.

Dear Ms. Yost:

In your letter dated June 10, 2004, you requested a classification ruling on behalf of AZ3, Inc. dba BCBG of Vernon, CA.

The submitted garment, style SSN13052, is a woman’s sleeveless pullover top with shoulder seams measuring approximately 2.5 inches in width. The garment has two front panels that are made of 95% silk and 5% spandex finely knit fabric. The side and back panels are made of 95% rayon and 5% spandex finely knit fabric. The front silk panels of the garment have drawcords running through the center seams allowing the panels to be gathered into a ruffled appearance. The rayon/spandex fabric comprises over 60% of the surface of the garment. The fabrics, both the silk and rayon blends, measure more than 9 stitches per 2 centimeters in the direction in which the stitches were formed.

The applicable subheading for style SSN13052 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 or girls’. The duty rate will be 32% ad valorem.

Style SSN13052 falls within textile category designation 639. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and 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 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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