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NY L84440




May 19, 2005

CLA-2-61:RR:NC:TA:359 L84440

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Diane M. Mauceri
Yusen Global Logistics
Airport Industrial Park, Bldg. C-3
Hook Creek Blvd. & 145th Ave.
Valley Stream, NY 11581

RE: The tariff classification of a women’s pullover from China.

Dear Ms. Mauceri:

In your letter dated April 22, 2005, you requested a classification ruling on behalf of Sojitz Corp. Of America.

You submitted a sample of a woman’s pullover identified as style 11008A. The outer surface of the garment measures more than 9 stitches per 2 centimeters counted in the direction in which the stitches were formed. The garment features a v-neck, long sleeves with rib knit cuffs, and a rib knit waistband. Your sample will be returned as you have requested.

You state that the garment is made of 64% bamboo, 16% cotton and 20% spandex finely knitted rib knit fabric. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber which is derived from bamboo.

The applicable subheading for style 11008A will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’. The duty rate will be 32% ad valorem.

Style 11008A 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.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo.

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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