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NY N022009




February 7, 2008

CLA-2-61:OT:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020, 6114.90.9010

Ms. Gail T. Cumins
Sharretts, Paley, Carter and Blauvelt, P.C. 75 Broad Street
New York, New York 10004

RE: The tariff classification of two women’s top from China

Dear Ms. Cumins:

In your letter dated January 14, 2008 you requested a classification ruling on behalf of your client W&W Import Inc.

Style 5155 is a woman’s top constructed from 100 percent acrylic knit fabric. The abbreviated top features short self start sleeves, a V-shaped neckline with a full opening and a three button closure and a self start bottom. The crop top has sufficient bust coverage but does not extend to the waist.

Style 5208 is a woman’s top constructed from 77 percent acrylic, 15 percent polyester and 8 percent metallic knit fabric. The garment is constructed from one yarn. The abbreviated top features short self start sleeves, a V-shaped neckline with a full opening and a three button closure and a self start bottom. The top has sufficient bust coverage but does not extend to the waist.

Because the garment is constructed from one yarn that includes metallic fibers, the weight of all fibers present in a yarn that contains metallic is considered an "other fiber," for purposes of classification at the six and eight digit levels. Based on the information you provided the garment is considered to be made in chief weight of other fibers.

You have suggested that these garments be exempt from quota in accordance with Chapter 61, statistical note 6. That note only applies to garments classified in heading 6110. Because these styles are classified in heading 6114, the statistical note does not apply.

We are returning your samples as you requested.

The applicable subheading for style 5155 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Topsknitted or crocheted: Of man-made fibers: women’s. The duty rate will be 28.2% ad valorem.

  The applicable subheading for style 5208 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tops. knitted or crocheted: Of other textile materials. The duty rate will be 5.6% 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/.

Style 5155 falls within textile category 639. Style 5208 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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