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NY L87787




October 26, 2005

CLA-2-61:RR:NC:WA:361 NY L87787

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010; 6117.10.6010

Ms. Ryoko Parks
Embody Limited
8646 N. 2250 Road
Manteno, IL 60950

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

Dear Ms. Parks:

In your letter dated September 21, 2005 you requested a classification ruling for two women’s items. The samples will be returned, as requested.

Style S3 is a woman’s top constructed from 86 percent cotton, 12 percent nylon, and two-percent spandex knit fabric. The garment does not extend to the waist and has full front opening without a closure, and long sleeves. The neckline, front, and bottom are finished with a rib knit panel and scalloped edge. The garment provides covers of the bust area. Style S10, which you refer to as a women’s shawl sweater, is a capelet constructed from 86 percent cotton, 12 percent nylon and two-percent spandex knit fabric. It features rear-tying self-fabric ties that are approximately 8 inches in width and 18 inches in length. The capelet does not cover the elbows or reach the waist.

The applicable subheading for style S3 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of cotton: Tops: women’s or girls’. The rate of duty will be 10.8 percent ad valorem.

The applicable subheading for style S10 will be 6117.10.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up clothing accessories, knitted or crocheted: Of cotton. The duty rate will be 9.5% ad valorem.

Style S3 falls within textile category designation 339; style S10 falls within textile category designation 359. 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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