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NY M80176




February 15, 2006

CLA-2-61:RR:NC:N3:359 M80176

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.2061; 6110.30.2063; 6110.90.9090

Ms. Stephanie Clark
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of women’s knit garments from China

Dear Ms. Clark:

In your letter dated January 26, 2006, you requested a classification ruling on behalf of August Silk.

Three samples were submitted and will be returned as you have requested.

Style 78001/0778015 is a women’s pullover made of 55% silk and 45% cotton pointelle knit fabric. The outer surface of the fabric measures more than 9 stitches but less than 18 stitches per two centimeters in the direction in which the stitches were formed. The garment features narrow straps, a racer back, and a scoop front neckline. The components of the garment are knit to shape and are linked and looped together.

Style 0778045 is a women’s pullover made of 38% viscose rayon, 33% silk, 27% nylon and 2% spandex rib knit fabric. The outer surface of the fabric meets the stitch count as noted in statistical note 6 to Chapter 61 of the Harmonized Tariff Schedule of the United States (HTSUS). The garment features a deep scoop front neckline with a centered v, narrow straps, and knit to shape components, which are linked and looped together.

Style 0778036 is a women’s pullover made of 38% viscose rayon, 33% silk and 29% nylon rib knit fabric. The garment had narrow should straps made of macramé which are sewn to the back panel of the garment and attached via looping over bamboo rings to the front panel of the garment. The macramé is considered a component of the garment and is not knit to shape. The applicable subheading for style 78001/0778015 will be 6110.90.9090, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials, Other: Other: Other: Women’s or girls’. The duty rate will be 6% ad valorem.

The applicable subheading for style 0778045 will be 6110.30.2061, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers, Other: Other: Containing 30 percent or more by weight of silk or silk waste: Other: Women’s or girls’: Knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 6.3% ad valorem.

The applicable subheading for style 0778036 will be 6110.30.2063, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers, Other: Other: Containing 30 percent or more by weight of silk or silk waste: Other: Women’s or girls’: Other. The duty rate will be 6.3% 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 78001/0778015 falls within textile category designation 838. Style 0778045 and style 0778036 fall 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 Camille Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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