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NY L84513




June 6, 2005

CLA-2-61:RR:NC:WA:361 NY L84513

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Maria E. Julia
Spiegel Catalog Holdings Corporation
711 Third Avenue, 4th Floor
New York, NY 10017

RE: The tariff classification of a woman’s upper body garment from China.

Dear Ms. Julia:

In your letter dated April 28, 2005, you requested a tariff classification ruling.

Style #F05-67-003 is a woman’s upper body garment constructed from 90% acrylic, and 10% polyester faux fur, knit pile fabric. The garment is sleeveless and has extremely wide and oversized armholes, and a full front opening with a hook and bar closure. The garment also has a 100% polyester woven lining, and does not reach the waist.

We are returning your sample as you requested.

The applicable subheading for the top, Style F05-67-003, will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, other, other, women's or girls’. The rate of duty will be 14.9% ad valorem.

Style F05-67-003 falls within textile category designation 659. 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
National Commodity

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