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NY L88092





October 26, 2005

CLA-2-61:RR:NC:WA:361 NY L88092

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0060; 6114.30.1020

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of women’s garments from China and Hong Kong.

Dear Ms. Fox:

In your letter dated August 30, 2005, with additional information provided on October 7, 2005, you requested a classification ruling for women’s knit garments from China and Hong Kong on behalf of Jones Apparel Group. The submitted samples will be returned to you, as requested.

Style UW146E1488 is a woman’s knit upper body garment constructed from 80 percent cotton, 20 percent nylon knit fabric. The garment does not reach the waist and has a full front opening and long sleeves with rib knit cuffs. The neckline, front opening and bottom are finished with a crocheted panel decorated with spangles. This panel extends approximately 13 inches on each side at the bottom of the front opening, forming ties. The front of the garment does not provide coverage of the bust area.

Style UDN560007 is a woman’s top constructed from 58 percent rayon and 42 percent polyester crocheted fabric. The garment does not reach the waist and has a full front opening and short sleeves. The neckline and front opening are finished with a scalloped edging. The bottom has a satin band that extends approximately 24 inches on each side forming ties. The garment provides sufficient coverage of the bust area.

The applicable subheading for style UW146E1488 will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of cotton: Other: Women’s or girls’. The duty rate will be 10.8% ad valorem.

The applicable subheading for style UDN560007 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’. The duty rate will be 28.2% ad valorem.

Style UW146E1488 falls within textile category designation 359; style UDN560007 falls within textile category designation 639. 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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