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NY L82321





March 3, 2005

CLA-2-61:RR:NC:TA:359 L82321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6104.59.1030

Ms. Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a woman’s knit sleeveless pullover and a knit skirt from Hong Kong

Dear Ms. Fox:

In your letter dated January 31, 2005, you requested a classification ruling on behalf of Jones Apparel Group. As requested, your samples are being returned to you.

Style 7FHP10971 is a woman’s skirt. Based on the laboratory results you provided, the garment is constructed from 90.2% rayon, 6.4% polyester and 3.4% metallic knit fabric. The skirt features a flat elastic waistband, an all over printed design, a lining and a tubular bottom.

Style 7FHP11758 is a woman’s sleeveless pullover. Based on the laboratory results you provided, the garment is constructed from 84.1% rayon, 10.3% polyester and 5.6% metallic knit fabric. The pullover features sleeveless armholes, a draped neckline, and a tubular bottom.

The applicable subheading for style 7FHP10971 be 6104.59.1030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than those of swimwear), knitted or crocheted: skirts: of other textile materials: of artificial fibers: other: women’s. The duty rate will be 8% ad valorem.

The applicable subheading for style 7FHP11758 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32% ad valorem.

Style 7FHP10971 falls within textile category designation 642. Style 7FHP11758 falls within textile category designation 639. 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 R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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