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NY M83836




June 13, 2006

CLA-2-61:RR:NC:WA:361 NY M83836

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0060

Ms. Maryanne Tao
Jiing Sheng (USA) Ltd.
110 W. 40th Street
New York, NY 10018

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

Dear Ms. Tao:

In your letter dated May 24, 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 2290117 is a woman’s knit upper body garment constructed from 100 percent cotton knit fabric. The garment has a wide and deep U-shaped neckline, long sleeves with rib knit cuffs, and a rib knit bottom. The garment does not provide sufficient coverage of the bust.

You have suggested that style 2290117 be exempt from quota in accordance with Chapter 61, statistical note 6. That note only applies to garments classified in heading 6110. Style 2290117 is not classified in heading 6110, because the garment provides insufficient bust coverage due to the wide and deep U-shaped neckline. The garment is, therefore, classified in heading 6114, thus the statistical note does not apply.

The applicable subheading for style 2290117 will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of cotton: Other: Women’s or girls’. The duty rate will be 10.8% 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 2290117 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.

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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