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NY N009333




August 13, 2007

CLA-2-61:RR:NC:3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Ms. Patricia Sanders
P.S. Customs Brokerage Inc.
510 Plaza Drive, Suite 1250
College Park, GA 30349

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

Dear Ms. Sanders:

In your letter dated March 28, 2007 you requested a classification ruling on behalf of your client SOJRN, Inc. As requested, your sample is being returned to you.

Style LBSCS8101 was sent to the U.S. Customs and Border Protection Laboratory for fiber breakdown analysis as you stated that the garment contained natural bamboo fibers. Laboratory analysis concluded that the fiber breakdown was 48.4% natural vegetable fibers other than cotton, 39.9% silk, and 11.7% cashmere knit fabric. Accordingly, the bamboo was found to be degummed natural bamboo fibers.

The submitted sample of Style LBSCS8101 is a woman’s short sleeve pullover. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a scoop neckline and a straight garment bottom. You asserted classification as a blouse, however, the garment lacks the requisite full or partial opening at the neckline to be classified as such. Based on construction, the garment is properly classified as a pullover under 6110, HTSUS.

Please note that 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, 600 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. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

The applicable subheading for the pullover will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): of other textile materials (con): other: other: other: women’s or girls’. The duty rate will be 6% 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 838. 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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