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NY L81044




December 28, 2004

CLA-2-61:RR:NC:WA:361 NY L81044

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.90.2520; 6110.90.1060

Mr. Peter Weinrauch
Import Commodity Group, Ltd.
131 East Merrick Road, 2nd Fl.
Valley Stream, NY 11580

RE: The tariff classification of a woman’s shirt, and cardigan like garment from China.

Dear Mr. Weinrauch:

In your letter dated November 22, 2004, on behalf of your client Mometrends, Inc., you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #E53221 - A woman’s shirt constructed from 57% silk, 21% cashmere, 10% spandex, 10% viscose, and 2% polyamide knit fabric. The garment features a round neckline, long sleeves, a partial opening at the neck with a six-button closure, and a self-start bottom. The fabric of the blouse has more than 10 stitches per centimeter counted in both the horizontal and vertical directions. The shirt also has a neckband and placket in chief weight of woven silk. The essential character is provided by the knit fabric.

Style #E53230 – a woman’s cardigan like garment constructed from 78% silk, and 22% spandex knit fabric. The garment features a shirt style collar, long sleeves, a full front opening with a nine-button closure, and a rib knit bottom. The garment also has a yoke, collar cuffs, and placket in chief weight of woven cotton. The essential character is provided by the knit fabric.

We are returning your samples as you requested.

The applicable subheading for the shirt, Style E53221, will be 6106.90.2520, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted, of silk or silk waste, subject to wool restraints. The rate of duty will be 5.6% ad valorem.

The shirt, Style E53221 falls within textile category designation 438. 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 Textile Status Report for Absolute Quotas, which is available at our 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.

The applicable subheading for Style E53230, will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for sweater, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of other textile materials, containing 70 percent or more by weight or silk or silk waist, other, women’s or girls’. The rate of duty will be 0.9% ad valorem.

The cardigan like garment, Style E53230, falls within textile category designation 739. 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 Textile Status Report for Absolute Quotas, which is available at our 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 Angela DeGaetano at (646) 733-3052.
Sincerely,

Robert B. Swierupski
Director,

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