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NY N010388




May 2, 2007

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.9050

Ms. Susan Morelli
Converse Inc.
One High Street
North Andover, MA 01845

RE: The tariff classification of a woman’s upper body garment from Macau

Dear Ms. Morelli:

In your letter dated April 23, 2007, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style 3W307613 is a woman’s upper body garment constructed from knit and woven components. The knit components are constructed from 60 percent cotton and 40 percent polyester and the woven components are constructed from 100 percent silk and 51 percent linen and 49 percent silk. The side front and side back panels, chest pockets and hood are of the woven components. The center front and center back panels, waistband and armhole trim are of the knitted components. The pullover garment features a partial front opening secured by five buttons, pockets at the waist, two flapped chest pockets secured by buttons, a hood, a decorative buttoned tab at the shoulder seams and a ribbed knit waistband.

Neither the knit nor the woven component provides the essential character of the garment. Therefore, in accordance with General Rules of Interpretation, GRI 3©, the garment shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, the heading is 6211, HTS.

You have suggested classification for this garment under subheading 6211.42.0056, HTSUS, as a garment in chief weight of cotton. This garment is correctly classified under subheading 6211.49.9050, HTSUS, as a garment in chief weight of other textile materials.

The applicable subheading for style 3W307613 will be 6211.49.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski0suits and swimwear; other garments: other garments, women’s or girls: of other textile materials: blouses, shirts and shirt-blouses, tank styles and similar upper body garments excluded from heading 6206. The duty rate will be 7.3 percent 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/.

Style 3W307613 falls within textile category 840. 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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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