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NY M87285




November 15, 2006

CLA-2-61:RR:NC:WA:361 NY M87285

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6109.90.1065; 6110.30.3059

Ms. Nicole Trimble
Agra-Services Brokerage Co., Inc.
147th Ave.
Jamaica, NY 11413

RE: The tariff classification of five women’s knit garments from China.

Dear Ms. Trimble:

In your letter dated October 25, 2006, August 21, 2006, you requested a classification ruling for five women’s knit garments on behalf of Shanghai Tex. The submitted sample will be returned to you, as requested.

The garments are all constructed from 100 percent bamboo knit fabric. Style PSL005 is a woman’s tank top. It has a 1-¼ inch shoulder straps, a U shaped neckline in front and back, and a plain, hemmed bottom Style PSL009 is a thermal knit shirt with a Henley collar, a partial front opening with a five-button closure, long sleeves, and a plain, hemmed bottom. The fabric of the shirt has more than ten stitches per centimeter in both the horizontal and vertical directions. Style PSM001 is a pullover with a crew neckline, short sleeves, and a plain, hemmed bottom. The fabric has more than nine stitches per two centimeters and is not lightweight. Style PSM007 is a hooded thermal knit pullover with long sleeves, and a plain, hemmed bottom. The fabric of the pullover has more than nine stitches per two centimeters. Style PSM008 is a thermal knit shirt with a Henley collar, a partial front opening with four-button closure, long raglan sleeves, and a plain, hemmed bottom. The fabric of the shirt has more than ten stitches per centimeter in both the horizontal and vertical directions.

You have indicated that these garments are all constructed from 100 percent bamboo. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber that is derived from bamboo.

In addition, please note that the submitted garments are not properly marked with the country of origin as required by the laws and regulations of Customs and Border Protection. Separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo.

The applicable subheading for style PSL005 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tank topsknitted or crocheted: Of man-made fibers: Women’s. The duty rate will be 32% ad valorem.

The applicable subheading for styles PSL009 and PSM008 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sshirts, knitted or crocheted: Of man-made fibers. The duty rate will be 32% ad valorem.

The applicable subheading for styles PSM001 and PSM007 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pulloversknitted or crocheted: Of man-made fibers: Other: Women’s or girls’. 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 five submitted garments fall 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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