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NY N015770




September 5, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.1060

Ms. Yvonne Long
Hugo Boss Fashions USA, Inc.
270 Elan Court
Midway, GA 31320

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

Dear Ms. long:

In your letter dated August 11, 2007, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style Salome 50118013, is a woman’s sleeveless pullover that is constructed from 80% silk, 18% nylon, 2% elastene knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features 1 ½ inch wide shoulder straps, a V-front and back neckline, and a straight bottom. Overlaid beadwork finishes the shoulder straps and neckline, and extends vertically in the front to the bottom of the garment. A triangular piece of silk chiffon woven fabric is sewn on the front between the vertical strips of beadwork.

You suggest classification in heading 6114, Harmonized Tariff Schedule of the United States (HTSUS). However, the garment has sufficient upper body coverage and is classified in heading 6110, HTSUS).

The applicable subheading for the pullover will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of other textile materials: containing 70 percent or more by weight of silk or silk waste: other: women’s. The duty rate will be 0.9% 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 739. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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