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NY M82335




May 23, 2006

CLA-2-61:RR:NC:TA:361 M82335

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020

Mr. Darrell R. Norman
Trans Pacific Logistics, LLC
9911 Inglewood Avenue – Suite 106
Inglewood, CA 90301

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

Dear Mr. Norman:

In your letter dated May 5, 2006, you requested a classification ruling on behalf of Ms. Bubbles Inc. The provided sample will be returned as per your request.

Style CN-04 is a women’s outerwear camisole top. The front is constructed with a layer of 95% polyester 5% spandex woven fabric that covers the padded bust area and three vertical panels that extend to the waist. The bust area and the two front side panels have an outer layer constructed of 100% nylon raschel knit lace-like fabric. The two side lace-like panels are joined by a ribbon tie that is laced up at the center of the garment front. The back of the garment is made of a 95% rayon 5% spandex knitted fabric. The camisole features ¼-inch wide adjustable shoulder straps, a v-neckline in front, elasticized trim at the top edges of either bust side and at the garment rear, and raschel lace-like trim at the v-neckline, across the bust area, and at the garment bottom. The upper back of the camisole extends straight across from side seam to side seam, exposing approximately the upper half of the back. Because the garment is constructed of both knitted and woven components we apply GRI 3 (b), which states that garments will be classified by the component which gives them their essential character. The knit lace-like component of the article at issue imparts the essential character to the camisole based on the nature of the material. By providing a visual and significant decorative effect, the lace-like layer of the camisole front defines this garment. Accordingly, classification of this garment is based on its knitted lace-like component and classification is proper under heading 6114, HTSUS.

The applicable subheading for the camisole 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/.

Style CN-04 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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