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NY L86896




September 2, 2005

CLA-2-61:RR:NC:WA:361 NY L86896

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2010; 6110.30.3055

Ms. Bernadette Purcell, Import Compliance QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

RE: The tariff classification of two women’s knit garments from China.

Dear Ms. Purcell:

In your letter dated August 5, 2005, you requested a classification ruling for two women’s garments. The items will be returned as requested.

Style A44983 is a set composed of two garments, a pullover and a skirt, both constructed from 94 percent polyester, six-percent spandex knit pile fabric. The pullover is a solid color and the skirt has a dotted print pattern. The pullover has a rounded neckline, ¾ length sleeves, and a plain, hemmed bottom. The fabric has fewer than nine stitches per two centimeters in the direction in which the fabric was formed. The pull-on skirt has an elasticized waistband and a plain, hemmed bottom.

Although you have referred to the garments as a set, they will be classified as two separate garments as required by note 13 to Section XI of the, Harmonized Tariff Schedule of the United States (HTS). That note states: Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. For the purposes of this note, the expression "textile garments" means garments of headings 6101 to 6114 and headings 6201 to 6211.

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Pulloversknitted or crocheted: Of man-made fibers: Women’s and girls’. The duty rate will be 32 percent ad valorem.

The applicable subheading for the skirt will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sskirts knitted or crocheted: Of synthetic fibers. The duty rate will be 16 percent ad valorem.

The pullover falls within textile category designation 639; the pants fall within textile category designation 642. 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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