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NY K88633




October 21, 2004

CLA-2-61:RR:NC:TA:359 K88633

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Mr. Herbert J. Lynch
Sullivan & Lynch
Inner Tech Park
56 Roland Street, Suite 303
Boston, Massachusetts 02129-1223

RE: The tariff classification of a woman’s pullover from India

Dear Mr. Lynch:

In your letter dated October 12, 2004, on behalf of Susan Bristol, Inc., you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number 1512092 is a set comprised of a 100% cotton, rib knit sleeveless pullover and a woven detachable artificial flower that is pinned on the garment in the neck area on the left side. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a U-neckline and a hemmed bottom. Petals from the flower are sewn around the neckline. The flower has vertical strips of woven and lace ribbon.

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

The applicable subheading for the set will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of cotton: otherother: women’s. The rate of duty will be 16.5% ad valorem.

Although style 1512092, the set, is classified under one (HTS) subheading, each item in the set may require a visa. The pullover falls within textile category designation 339. The flower does not require a visa. Based upon international textile trade agreements category 339 from India is 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 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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