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NY L86730




August 26, 2005

CLA-2-61:RR:NC:TA:359 L86730

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9038

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

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

Dear Ms. Antrim-Saizan:

In your letter dated August 2, 2005, you requested a classification ruling on behalf of Brain surgery Inc.

You submitted three samples, identified as styles 6331, 6641 and 6685. You stated that styles 6331 and 6641 were shipped earlier from China and are currently in a bonded warehouse to await disposition on this ruling request. This office is precluded from ruling on an issue which is the subject of a current or completed Customs transaction. If the transaction is current and you want to have your arguments considered and ruled upon, you should ask the Port Director having jurisdiction over the entry of your merchandise to seek advice from Customs Headquarters through the Internal Advice procedure. A copy of this notice should be included. If the transaction is completed and the entry has been liquidated, you should file a protest and seek further review of that protest by our Headquarters office. However, as style 6685 has not yet shipped from China, we will be able to take action on that style. We are returning your samples as you requested during the course of our telephone conversation.

Style 6685 is openwork knit pullover featuring long flared sleeves, a v-neck and sequined trim edging the neckline and cuffs of the garment. The fabric is made of two yarns, one of which is a two-ply yarn of silk and cashmere; the other yarn is a polyester and lurex blend. The overall fiber content of the garment is 68% silk, 15% polyester, 10% cashmere, and 7% metallic.

The applicable subheading for style 6685 will be 6110.90.9038, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Other: Sweaters for women or girls: Other: Of silk: Other. The duty rate will be 6% ad valorem.

Style 6685 falls within textile category designation 846. 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 646-733-6049.

Sincerely,

Robert B. Swierupski
Director,

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