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NY M81440




April 13, 2006

CLA-2-61:RR:NC:WA:361 NY M81440

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Hannah Tsoi
Zinnia Clothes and Ornaments Co., Ltd.
Flat A, 1/F, Hang Cheong Fty. Bldg.
1 Wing Ming Street
Cheung Sha Wan, KLN
Hong Kong

RE: The tariff classification of a women’s upper body garment from China.

Dear Ms. Tsoi:

In your letter dated March 21, 2006, you requested a classification ruling for a woman’s knit upper body garment. The submitted sample will be returned to you, as requested.

Style BT-29 is a woman’s knit upper body garment constructed from 60 percent modal, 40 percent cotton knit fabric. The garment does not reach the waist, has a full front opening with a button at the top, short sleeves, and picot trim at the neckline, front opening, and bottom. When worn, the garment will provide insufficient coverage of the bust.

You have suggested that style BT-29 be classified in heading 6110. This style does not reach the waist, and has insufficient coverage of the bust to be classified in that heading. Instead, it is classified as an “other” garment in heading 6114.

The applicable subheading for this garment 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/.

Style BT-29 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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