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NY M80598




March 20, 2006

CLA-2-61:RR:NC:TA:361 M80598

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

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

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

Dear Ms. Fox:

In your letter dated February 20, 2006, you requested a classification ruling on behalf of Jones Apparel Group. The provided samples are being returned as per your request.

Style WFPX33578 is a woman’s top constructed from 72 percent rayon and 28 percent nylon knitted fabric. The garment does not reach the waist and has a full front opening and three-quarter length sleeves. The neckline and front opening are finished with a self-fabric band. The bottom has a self-fabric band that extends approximately 8-1/2 inches on each side forming ties. The garment provides sufficient coverage of the bust area.

You have suggested that style WFPX33578 be considered knit to shape and exempt from quota in accordance with Chapter 61, statistical note 6. That note states, in pertinent part: For the purposes of statistical reporting under heading 6110, the term "knit to shape" means Thus, in order to meet the requirements of the statistical note, the garment must first be classified in heading 6110. Because the garment is classified in heading 6114, the exemption for a non-quota item that you suggested is not applicable.

The applicable subheading for the garment will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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/.

The garment 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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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