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NY M80002




February 24, 2006

CLA-2-61:RR:NC:WA:361 NY M80002

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9070

Mr. Tony Yeh
To-Max USA, Inc.
440 S. Hindry Avenue, #H
Inglewood, CA 90301

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

Dear Mr. Yeh:

In your letter dated January 11, 2006, you requested a classification ruling for a woman’s upper body garment.

The submitted sample, Style #4136, is a woman’s upper body garment constructed from 55% silk, and 45% rayon crocheted fabric that is decorated with plastic sequins. The garment features short sleeves with rib knit cuffs, a full front opening, a back that extends approximately 14 inches, and a rib knit bottom. The garment has shoulder coverage, but does not cover the bust.

In your ruling request, you recommended classification of 6104.39.2050, which covers suit-type jackets and blazers. The submitted garment does not provide sufficient coverage and is therefore classified in heading 6114 as an other garment.

The applicable subheading for Style 4136 will be 6114.90.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted of other textile materials, other, other. The rate of duty 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 4136 falls within textile category designation 859. 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,
National Commodity

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