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NY L89432




January 13, 2006

CLA-2-61:RR:NC:WA:361 NY L89432

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Mr. Jeremy Pearlman, Production Manager
Lafayette 148
148 Lafayette Street
New York, NY 10013

RE: The tariff classification of a woman’s knit top from China.

Dear Mr. Pearlman:

In your letter dated December 20, 2005, you requested a classification ruling for a woman’s knit top. The sample will be returned, as requested.

Style K821BSK8 is a woman’s knit top constructed from 47 percent cotton, 47 percent silk, and six-percent polyester knit fabric. The top has a full front opening with a hook and eye closure at the neckline, short sleeves, and a rib knit bottom. The garment does not reach the waist, but provides sufficient coverage of the bust.

You have indicated in your letter that the fabric is a blend of 47% cotton, 47 percent silk, and six percent polyester knit fabric. Garments which are claimed to be constructed from such a blend 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.

Please note that the country of origin marking on the garment is not acceptable under the Marking statute, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304). The statute provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Because the country of origin (Made in China) is completely obscured by the size label, the marking is not acceptable.

The applicable subheading for style K821BSK8 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of Other fibers: Tops. The duty rate will be 5.6% ad valorem.

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 K821BSK8 falls within textile category designation 838. 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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