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NY N010368





May 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3035

Ms. Jennifer Caldwell
Tiara International
1410 Broadway, 8th Floor
New York, NY 10018

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

Dear Ms. Caldwell:

In your letter dated April 20, 2007 you requested a classification ruling. As requested, your samples are being returned to you.

The submitted sample, style 4H234, is a woman’s size medium sleeveless vest constructed from two fabrics. The two front panels and mock collar are constructed from 100% polyester finely knit faux fur pile fabric. The back panel and front bottom band are constructed from 55% ramie and 45% cotton 3x3 rib knit fabric. The outer surface of the pile fabric measures more than nine stitches per two centimeters in the horizontal direction. The garment features sleeveless armholes and a full front opening with a zippered closure. The vest will also be available in girls’ sizes as style 14H123.

The essential character of the vest is given by the 100% polyester knit pile fabric of the front panels, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the vest will be 6110.30.3035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers : other: other: other: other: Vests, other than sweater vests: women’s or girls’. The duty rate will be 32%.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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

Sincerely,

Robert B. Swierupski
Director,

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