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NY M85893




September 6, 2006

CLA-2-61:RR:NC:TA:359 M85893

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Nancy Morgan
Dreamsacks, Inc.
125 Clear Creek Drive
Ashland, Oregon 97520

RE: The tariff classification of a woman’s pullover from China

Dear Ms. Morgan:

In your letter dated August 21, 2006, you requested a classification ruling. Your sample is being returned.

The submitted sample, style number BTT675 is a woman’s cut and sewn sleeveless pullover that is constructed from 95% bamboo, 5% spandex knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The pullover features a pieced constructed front panel and a hemmed bottom.

You state that the garment is made of 95% bamboo. For purposes of this ruling, we are assuming that what you term “bamboo” is actually an artificial fiber that is derived from bamboo.

The applicable subheading for the pullover will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% 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/.

The pullover falls within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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