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NY L86860





August 11, 2005

CLA-2-61:RR:NC:TA:359 L86860

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.1060

Mr. Daniel Vesque
UTC Overseas, Inc.
114 Seaview Drive
Secaucus, NJ 07094

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

Dear Mr. Vesque:

In your letter dated July 15, 2005, received in our offices august 4, 2005, you requested a classification ruling on behalf of Vertical Design, Inc.

You submitted a sample of a pullover identified as style V1696. The pullover garment features a crew neckline and cap sleeves. The fiber content is stated to be 70% silk and 30% cotton. The outer surface of the fabric measures more than 9 stitches per 2 centimeters measured in the direction in which the stitches were formed. Your garment will be returned as you have requested.

You have stated the fiber content to be 70% silk and 30% cotton. Please be aware that any quantity less than 70% silk will result in a change of classification, as well as visa and quota requirements. The pullover may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 70% by weight blend of silk plus any other fibers, it may be reclassified by Customs at that time.

The applicable subheading for V1696 will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Containing 70 percent or more by weight of silk or silk waster: Other: Women’s or girls’. The duty rate will be 0.9% ad valorem.

V1696 falls within textile category designation 739. 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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