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NY K87142




July 19, 2004
CLA-2-62:RR:NC:N3:360 K87142

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

John Imbrogulio
Customs Compliance Specialist
Nordstrom, Inc.
1617 Sixth Ave. - Suite 1000
Seattle, WA 98101

RE: The tariff classification of women’s upper body garment from China

Dear Mr. Imbrogulio:

In your letter dated June 17, 2004, you requested a classification ruling. The submitted sample will be returned as requested.

Style CN92975 is a women’s upper body garment made from 90% acrylic and 10% wool yarns that have been loosely knotted together to form an openwork fabric. You have identified the construction as macramé. The poncho-like garment extends to the waist and covers the arms to the below the elbows. The pullover features a v-neckline and fringed edges. It is designed to be worn over dresses or blouses and will be imported in sizes S/M, M/L and L/XL.

You have proposed classification of this style under subheading 6202.93.5011, HTS, which provides for anoraks, windbreakers and similar articles. The openwork construction is not typically used in garments of this heading which are designed for protection against the weather, nor is the garment similar to the exemplars of the heading.

The applicable subheading for style CN92975 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 per cent ad valorem.

Style CN92975 falls within textile category designation 659. Based upon international textile trade agreements products of 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 Patricia Schiazzano at 646-733-3051

Sincerely,

Robert B. Swierupski
Director,

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