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NY M81316




March 30, 2006

CLA-2-61:RR:NC:TA:361 M81316

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, New York 11581

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

Dear Mr. Maher:

In your letter dated February 27, 2006, you requested a classification ruling on behalf of Unique Sourcing Int’l. Ltd. The submitted garment will be returned as per your request.

Styles G4700 and G2816 are women’s wrap-styled garments measuring approximately 45-inches by 60-inches with one ¾-length sleeve. The garments are constructed of a 100% rayon knitted fabric with a self-start bottom and edges. The garment has a full front opening with no means of closure. It is designed to fit one arm, cover the wearer’s entire back and wrap around the front shoulder area. The garment extends to the lower thigh at the back and the sides.

You have suggested that Styles G4700 and G2816 be exempt from quota in accordance with Chapter 61, statistical note 6. That note only applies to garments classified in heading 6110. Because Styles G4700 and G2816 are classified in heading 6114 the statistical note does not apply.

The applicable subheading for the garments will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 14.9% 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 659. 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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