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NY L82322




March 3, 2005

CLA-2-61:RR:NC:TA:359 L82322

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.39.1000; 6110.30.3055

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

RE: The tariff classification of a woman’s knit bolero-style jacket and a woman’s sleeveless pullover 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 7FHN11738 is a woman’s bolero-style jacket. Based on the laboratory results you provided, the garment is constructed from 51.3% rayon, 27.3% nylon, 14% polyester and 7.4% metallic knit fabric. The jacket extends from the shoulders to above the waist. It features ¾-length sleeves, two front panels and a full-front opening without a means of closure.

Style 7FHN11748 is a woman’s sleeveless pullover. Based on the laboratory results you provided, the garment is constructed from 51.3% rayon, 27.3% nylon, 14% polyester and 7.4% metallic knit fabric. The pullover features sleeveless armholes finished with rib knit fabric, two-inch wide shoulder straps, a U-shaped neckline finished with rib knit fabric and a rib knit bottom.

The applicable subheading for style 7FHN11738 will be 6104.39.1000, 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: suit-type jackets and blazers: of other textile materials: of artificial fibers. The duty rate will be 24% ad valorem.

The applicable subheading for style 7FHN11748 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 7FHN11738 falls within textile category designation 635. Style 7FHN11748 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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