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NY M82116




April 21, 2006

CLA-2-61:RR:NC:TA:361 M82116

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0060

Mr. Andre Ryu
Wicked Fashion Inc.
222 Bridge Plaza South
Fort Lee, New Jersey 07024

RE: The tariff classification of a junior-sized shrug from Vietnam.

Dear Mr. Ryu:

In your letter dated April 5, 2006, you requested a classification ruling.

Style 6343-1878 is a junior-sized shrug constructed from 80% cotton 20% polyester fleece fabric. The shrug extends from the shoulders to the upper back area and has a hood, long sleeves, a zippered front opening, a self-fabric banded bottom and shelves, and printed designs on the front panels. The front of the garment extends from the shoulders to just above the bust.

The applicable subheading for Style 6343-1878 will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of cotton: Other. The rate of duty will be 10.8 percent 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 6343-1878 falls within textile category designation 359. 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.

We are returning your request for classification for styles 6343-1111, 6343-1019, and 6343-1093 and any related samples, exhibits, etc. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom.

Beginning June, 2005, the issue of the classification of an upper body garment with a shelf bra has been filed with the United States Court of International trade by several different importers. Thus, the issuance of a classification ruling would be inconsistent with 19 C.F.R. §177.7(b). Therefore, the above referenced file is hereby administratively closed.

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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