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NY K89604




October 18, 2004

CLA-2-61:RR:NC:TA:359 K89604

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Mr. Steve Renfroe
May Merchandising Company
May Department Stores International Inc.
615 Olive Street
St. Louis, Missouri 63101

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

Dear Mr. Renfroe:

In your letter dated September 17, 2004, you requested a classification. As requested, your samples are being returned to you.

Your samples, style 80921, is a set comprised of two 100% cotton knit pullovers that are tack sewn together at the shoulder and near the bottom and two rhinestone pins. One pin is attached to the garment at the left shoulder and the other is attached to the right shoulder. The outer surface of both pullovers of this style measure more than nine stitches per two centimeters in the direction in which the stitches were formed. Both pullovers of style 80921 are sleeveless and feature flutter ruffles at the shoulder, round necklines, and scalloped asymmetrical bottoms.

The pullovers and the rhinestone pins of style 80921 are considered as a set. The tack-sewn pullovers give the essential character. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for style 80921 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.5% ad valorem.

Although style 80921, as a set, is classified under one subheading, each item in the set may require its own visa. The pullovers of style 80921 fall within textile category designation 339. Based upon international textile trade agreements category 339 from Hong Kong is subject to quota and requires a visa. The rhinestone pins of style 80921 do not 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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