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NY L83950




May 2, 2005

CLA-2-61:RR:NC:WA:361 NY L83950

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.10.0040; 6104.31.0000

Ms. Melissa Fox
Barthco International, Inc.
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s bolero and two knit tops from Hong Kong.

Dear Ms. Fox:

In your letter dated April 5, 2005, on behalf of your client Jones Apparel Group, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #MFN32558 – A woman’s top constructed from 100% merino wool knit fabric. The garment does not extend to the waist and features short sleeves, a stand-up collar, and a full front opening with no means of closure. The garment also has leather sequins around the sleeves, around the neckline and the bottom of the garment.

Style #MFHN12168 – A woman’s top constructed from 100% merino wool knit fabric. The garment does not extend to the waist and features short sleeves, a stand-up collar, and a full front opening with no means of closure. The garment also has a beaded appliqué on the right shoulder.

Style #MFHK22358 – woman's bolero jacket constructed from 61% mohair, 31% nylon, and 8% wool, knit fabric with sequins. The garment does not reach the waist and is made with two front panels and one back panel which are sewn together lengthwise. The garment features a round neckline, short sleeves and a full front opening with a hook and eye closure.

The applicable subheading for the tops, Styles MFN32558 & MFHN12168, will be 6114.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of wool or fine animal hair, tops, women’s or girls’. The rate of duty will be 12% ad valorem.

The applicable subheading for the bolero jacket, Style MFHK22358, will be 6104.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of wool or fine animal hair, tops, women’s or girls’. The rate of duty will be 54.8¢/kg+16% ad valorem.

Styles MFN32558 & MFHN12168 fall within textile category designation 438. Style MFHK22358 falls within textile category designation 435. 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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director

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