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NY K89340




September 20, 2004

CLA-2-61:RR:NC:TA:359 K89340

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 6110.20.2075

Mr. Rafael Hernandez
Pacific Sunwear California, Inc.
3450 East Miraloma Avenue
Anahelm, CA 92806

RE: The tariff classification of three women’s garments from China

Dear Mr. Hernandez:

In your letter dated August 31, 2004 and additional information submitted on September 14, 2004, you requested a tariff classification ruling. You submitted three samples. They are being returned as requested.

Style 6762 is a woman’s blouse that is constructed from 100% cotton, woven denim fabric (the front and back panels) and 100% cotton rib knit fabric (the portrait collar and the sleeves). The garment features an off the shoulder portrait collar with 5 snap closures. This collar provides no shoulder coverage. The garment also features long sleeves, a full front opening with 6 button closures, 2 chest pockets, and 4 belt loops on the bottom band.

The essential character of style 6762 is given by the woven denim panels. Harmonized Tariff Schedule of the United States (HTS); General Rules of Interpretation (GRI), Rule 3, notted.

Style 6751 is a woman’s cardigan that is constructed from 95% cotton, 5% spandex, knit fabric with vertical woven overlaid strips extending from under the sleeves to the ribbed waist band. The outer surface of the cardigan measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a boat neck line, long sleeves with ribbed cuffs, a full front opening with a zipper closure, 2 chest pockets with snap closures, and a 5 inch ribbed bottom. Embroidered lettering and designs are on the left sleeve and the bottom left front panel above the ribbed bottom.

Style 6720 is a woman’s sleeveless double-layered pullover that is constructed from two garments that are permanently attached in the lower armhole areas. The outer garment is constructed from a knit mesh fabric and features a right shoulder strap and a hemmed bottom. The inner garment is constructed from a jersey knit fabric and features a left buckled shoulder strap and a hemmed bottom. Together the two permanently joined asymmetric garments form a crossover V-neck and a crossover V-back. The pullover is made from 95% cotton, 5% spandex, mesh knit and jersey knit fabrics. An embroidered design is on the left bottom of the jersey knit fabric.

The applicable subheading for style 6762 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear: other garments, women’s: of cotton: blousesand other upper body garments, excluded from heading 6206: other. The rate of duty will be 8.1% ad valorem.

The HTS subheading for styles 6751 and 6720 will be 6110.20.2075, which provides for pulloversand similar articles, knitted: of cotton: otherother: women’s. The rate of duty will be 16.5% ad valorem.

Style 6762 falls within textile category designation 359. Styles 6751 and 6720 fall in category 339. 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 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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