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NY K89605




October 13, 2004

CLA-2-61:RR:NC:TA:359 K89605

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.22.0040; 6104.22.0090

Ms. Bernadette Purcell
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

RE: The tariff classification of a woman’s knit ensemble from Vietnam

Dear Ms. Purcell:

In your letter dated September 21, 2004, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style A07525, is a two-piece woman’s 95% cotton, 5% spandex knit ensemble. Each garment of the ensemble is made up in identical fabric and put up for retail sale together. The ensemble is comprised of an upper body garment, a cardigan; and a lower garment, a pair of trousers. Both components of the ensemble are of the same color, style, composition, and are of corresponding colors and are corresponding sizes. The outer surface of the fabric of this ensemble measures more than nine stitches per two centimeters in the horizontal direction. The cardigan features a mock collar, long sleeves with banded cuffs, a full front zippered closure and a banded bottom. The trousers feature an elastic waistband and long hemmed leg openings.

The applicable subheading for the cardigan of style A07525 will be 6104.22.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ ensembles, knitted: of cotton: other. The duty rate will be 16.5% ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6110.20.2075.

The applicable subheading for the trousers of style A07525 will be 6104.22.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ ensembles, knitted: of synthetic fibers: other: trousers or breeches. The duty rate will be 14.9% ad valorem. This is the rate that would be applicable if the garment was entered separately and classified in subheading 6104.62.2011.

The cardigan of style A07525 falls within textile category designation 359. The trousers of style A07525 will be 348. Based upon international textile trade agreements these products from Vietnam are subject to quota and 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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