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NY L88906





December 14, 2005

CLA-2-61:RR:NC:TA:359 L88906

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.39.2040; 6104.39.2050

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of two women’s bolero jackets from China

Dear Ms. Fox:

In your letter dated November 18, 2005, on behalf of Ann Taylor, Inc., you requested a classification ruling. You submitted two samples that are being returned as requested.

Style number 142502 is a woman’s bolero jacket that is constructed from 75% silk, 25% nylon, knit fabric with a woven man made fiber lining. The garment has three panels sewn together lengthwise and does not reach the waist. It features short sleeves and a full front opening with no means of closure.

Style 142503 is a woman’s bolero jacket that is constructed from 63% silk, 17% nylon, 17% cotton, 3% spandex, knit fabric. The garment has three panels sewn together lengthwise and does not reach the waist. It features short sleeves with rib knit cuffs and a full front opening with a one-button closure.

The applicable subheading for style 142502 will be 6104.39.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s suit-type jackets, knitted: of other textile materials: other: other: of silk: containing 70 percent or more by weight of silk or silk waste. This garment will be free of duty.

The applicable subheading for style 142503 will be 6104.39.2050, which provides for women’s suit-type jackets, knitted: of other textile materials: other: other: other. This garment will be free of duty.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 142502 falls within textile category designation 735. Style 142503 falls in category 835. 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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