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NY L80869




January 31, 2005

CLA-2-61:RR:NC:TA:359 L80869

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Ms. Janice Sarmiento
McNaughton Apparel Group, Inc.
498 Seventh Avenue, Ninth Floor
New York, NY 10018

RE: The tariff classification of a woman’s pullover from China. Correction to Customs Ruling Number K86616

Dear Ms. Sarmiento:

This ruling is being issued to correct Customs Ruling Number K86616, dated June 21, 2004. You state in your letter, received in this office on January 6, 2005, that the fiber content of style 5SYJXP differs from that which you stated in your original request. A complete corrected ruling follows.

The submitted sample, style 5SYJXP, is a woman’s pullover that is made from 53.4% silk, 18.3% cotton, 28.3% nylon knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The pullover features criss-cross panels in the chest area that form a V-neckline, short cap sleeves, and a tubular bottom.

The applicable subheading for the pullover will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of other textile materials: other: other: other: women's. The rate of duty will be 6% ad valorem.

Style 5SYJXP falls within textile category designation 838. The Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Ferraro at 646-733-3049

Sincerely,

Robert B. Swierupski
Director,

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