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NY L88073




November 3, 2005

CLA-2-61:RR:NC:TA:361 L88073

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.1020; 6114.90.1060

Ms. Stacy Bauman
American Shipping Company Inc.
1400 Sylvan Avenue
Englewood Cliffs, NJ 07632

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

Dear Ms. Bauman:

In your letter dated October 7, 2005, you requested a classification ruling on behalf of Maurices Inc. As requested, your sample is being returned.

Style 37054 is a woman’s top constructed from 70 percent silk, 30 percent rayon knit fabric. The garment has a full front opening with button closure, long sleeves rib knit cuffs, and a rib knit bottom. The garment does not reach the waist, but does provide sufficient coverage of the bust.

Style 7740 is a woman’s upper body garment constructed from 70 percent silk, 30 percent rayon knit fabric. The garment has a full front opening, long sleeves, and a rib knit finish to the neckline, front opening, and bottom. The garment does not reach the waist, and does not provide sufficient coverage of the bust.

In your request, you recommended classification of the style 37054 under the subheading for “other” in 6114. Since the garment provides sufficient coverage of the bust, it is more specifically classified as a “top” within that same heading.

You have indicated in your letter that the fabric for both garments contains exactly 70 percent silk. Garments which are claimed to be so constructed that are classified in a subheading that requires that the garment “contain 70 percent or more of silk” are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

The applicable subheading for style 37054 will be 6114.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of other textile materials: Containing 70 percent or more by weight of silk or silk waste: Tops: women’s or girls’. The duty rate will be 0.9% ad valorem.

The applicable subheading for style 7740 will be 6114.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of other textile materials: Containing 70 percent or more by weight of silk or silk waste: Other. The duty rate will be 0.9% ad valorem.

Style 37054 falls within textile category designation 739; style 7740 falls within textile category designation 759. 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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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