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NY M82245




April 27, 2006

CLA-2-61:RR:NC:WA:361 NY M82245

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Mr. Alan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

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

Dear Mr. Kamnitz:

In your letter dated April 13, 2006, you requested a classification ruling for a woman’s knit upper body garment on behalf of Ralsey Group Ltd. The submitted sample will be returned to you, as requested.

Style J511-091 is a woman’s knit upper body garment constructed from 35 percent rayon, 35 percent nylon, 20 percent cotton and ten percent wool knit fabric. The hip-length pullover has short sleeves, a deep and wide U shaped neckline in front, and a rib knit bottom. The garment provides insufficient coverage of the bust.

You have suggested that style J511-091 be classified in heading 6110. This style has insufficient coverage of the bust to be classified in that heading. Instead, it is classified as an “other” garment in heading 6114. As a garment of 6114, Statistical note 6 to chapter 61 does not apply.

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 J511-091 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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