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NY L85340




June 7, 2005

CLA-2-61:RR:NC:TA:359 L85340

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6110.90.9090; 6206.40.3030

Mr. Larry Lewis
Michael Simon
512 Seventh Ave., 38th Floor
New York, NY 10018

RE: The tariff classification of four women’s cardigans and a woman’s blouse from China and/or Hong Kong

Dear Mr. Lewis:

This is a correction to ruling L84317 of May 25, 2005, to address an inadvertence brought to our attention by your Customs Broker. That letter failed to note that in fact the fiber content of the panel in question for style M085903 is 48% silk, 34% polyester and 18% cotton and for M085904 is 58% silk, 22% nylon and 20% cotton, and therefore neither style contains 70 percent or more by weight of silk or silk waste. A corrected ruling follows.

You submitted four samples of women’s cardigans and a woman’s blouse. The cardigans are constructed from knit fabric (the sleeves, the back panels, the wide waistband) and woven fabric (the front panels only). The outer surface of the cardigans measures more than 9 stitches per 2 centimeters in the horizontal direction. The blouse is also constructed from knit and woven fabric.

Style number M085902 features a deep V-neckline, long sleeves with rib knit cuffs, knit back panel, two woven decorative front panels with an embroidered jewel design on the upper left panel, a full front opening with a knit 4 button placket, and a 4 ½ inch wide rib knit waistband.

The essential character of style M085902 is determined by the knit portion of the garment. According to the information, which you provided, the garment is in chief weight of man-made fibers. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation, Rule 3, noted.

Style number M085903 features a rounded knit turn down collar with embroidered beads and gemstones, a knit back panel, two woven decorative front panels, long sleeves with rib knit cuffs, a full front opening with a 7 button knit placket, and a 4 ½ inch wide rib knit waistband.

The essential character of style M085903 is determined by the knit portion of the garment. According to the information, which you provided, the relevant portion of the garment is 48% silk, 34% polyester and 18% cotton. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation, Rule 3, noted.

Style number M085904 features a deep V-neckline, long sleeves with rib knit cuffs, a full front opening with a 4 button knit placket, decorative woven front panels with an embroidered jewel design on the upper left, a knit back panel, and a 4 ½ inch wide rib knit waistband.

The essential character of style M085904 is determined by the knit portion of the garment. According to the information, which you provided, the relevant portion of the garment is 58% silk, 22% nylon and 20% cotton. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation, Rule 3, noted.

Style number M085905 features a deep V-neckline, long sleeves with rib knit cuffs and a 4 ½ inch wide rib knit waistband, a back panel, decorative front panels with an embroidered design on the upper left, and a full front opening with a 4 button knit placket.

The essential character of style M085905 is determined by the knit portion of the garment. According to the information, which you provided, the garment is in chief weight of man-made fibers. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation, Rule 3, noted.

Style number S095314 is a woman’s blouse that is constructed from knit and woven fabrics. The garment features a deep V-neckline, long sleeves with rib knit cuffs, a full front opening with a 3 button knit placket, and a ribbed waistband.

The essential character of style S095314 is determined by the woven portion of the garment. According to the information which you provided, the garment is in chief weight of man-made fibers. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation, Rule 3, noted.

The applicable subheading for styles M085902 and M085905, the cardigans, will be 6110.30.3055, (HTS), which provides for sweatersand similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

The applicable subheading for styles M085903 and M085904, the cardigans, will be 6110.90.9090, which provides for sweatersand similar articles, knitted: of other textile materials: other: other: women’s. The rate of duty will be 6% ad valorem.

The applicable HTS subheading for style S095314, the blouse, will be 6206.40.3030, which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man made fibers: otherother: women’s. The rate of duty will be 26.9% ad valorem.

Styles M085902 and M085905 fall within textile category designation 639. Styles M085903 and M085904 fall in category 838. Style S095314 falls in category 641. 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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