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NY N008749




April 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Jean Gong
McNaughton Apparel Group, Inc.
498 Seventh Ave., 9th Floor
New York, NY 10018

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

Dear Ms. Gong:

In your letter dated March 21, 2007, on behalf of Norton, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style LD494N, is a woman’s sleeveless pullover that is constructed from 100% polyester woven fabric (the upper front chest and back portions and a hemmed lining that extends below the lace-like knit fabric) and 100% nylon openwork raschel lace-like knit fabric (the remainder of the garment that extends below the upper chest to below the waist). The garment features shoulder straps, a criss-cross front that forms a V-neckline, and a partial zippered opening in the left side seam.

Because the garment is constructed of both knitted and woven components we apply GRI 3 (b), which states that garments will be classified by the component which gives them their essential character. The openwork knit lace-like component of the article at issue imparts the essential character to the pullover based on the nature of the material. By providing a visual and significant decorative effect, the openwork knit lace-like fabric defines this garment. Accordingly, classification of this garment is based on its openwork knitted lace-like component and classification is proper under 6110.30.3059, HTSUS.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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