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NY M84418





June 22, 2006

CLA-2-61:RR:NC:TA:359 M84418

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.39.1000

Leigh Beckford
Vandegrift Forwarding Company, Inc.
230-19 Intl. Airport Center, Suite 250
Jamaica, NY 11413

RE: The tariff classification of a bolero for ladies’ wear from China

Dear Ms. Beckford:

In your letter dated June 19, 2006, written on behalf of H & M Hennes & Mauritz LP, you requested a classification ruling.

Submitted style 216150/1626, manufactured from finely knitted fabric of 79% viscose/21% lurex, is an unlined garment that does not reach the waist, and that is further characterized by long sleeves, by a deeply cut, v-neck, and by a one-button, frontal closure at the lower edge.

As you have requested, the sample garment and its accompanying component parts are being returned.

The applicable subheading for this style will be 6104.39.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’ssuit-type jackets, blazersknittedof other textile materials, of artificial fibers. The duty rate will be 24 per cent ad valorem. As a garment classified in heading 6104 HTS, the knit to shape provisions of statistical note 6, Chapter 61, do not apply. They only apply to garments of heading 6110 HTS.

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/.

This garment falls within textile category designation 635. 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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