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NY M85587




August 30, 2006

CLA-2-61:RR:NC:WA:361 M85587

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-Five Broad Street
New York, NY 10004

RE: The tariff classification of a woman’s upper body garment from China. Correction to Ruling Number M84779

Dear Ms. Cumins:

This replaces ruling number M84779, dated July 5, 2006, on behalf of your client Intertex Apparel, Ltd, which contained an error. In that ruling request, you stated that the style number was 46Z100. On August 8, 2006, you submitted a letter requesting a correction of the style number. You state that the correct style number is 46I100. A complete corrected ruling follows:

In your letter dated July 5, 2006, on behalf of your client Intertex Apparel, Ltd., you requested a classification ruling for a woman’s upper body garment.

The submitted sample, Style #46I100, is a woman’s upper body garment constructed from 100% acrylic knit fabric. The garment features long sleeves, a hood, and a deep V-shaped front opening to the waist. The garment has shoulder coverage, but does not cover the bust.

The sample was returned in conjunction with the original ruling.

The applicable subheading for Style 46I100 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, other, women’s or girls’. The rate of duty 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 46I100 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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