The tariff classification of two women’s pullovers from China and Hong Kong

NY L89388 January 11, 2006 CLA-2-61:RR:NC:TA:359 L89388 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Ms. Barbara Hodes Barbara Hodes, Ltd. 315 West 39th Street, Suite 1304 New York, NY 10018 RE: The tariff classification of two women’s pullovers from China and Hong Kong Dear Ms. Hodes: In your letter dated November 23, 2005, you requested a classification ruling. You submitted three samples; however, we cannot provide a decision for sample 6670. As requested, your samples are being returned to you. Style 6682 is a woman’s sleeveless pullover constructed from 93% modal, 7% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features 1/3” wide shoulder straps, a straight neckline, and a woven silk overlay covering the front of the garment. Style 6687 is a woman’s sleeveless pullover constructed from 93% modal, 7% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a deep V-shaped neckline that is finished with lined lace fabric, sleeveless armholes finished with knit capping, a woven overlay covering the bottom portion of the garment, and a hemmed bottom. The neckline of the garment is finished with satin woven fabric that extends over the shoulders and around the back and is knotted at the bust line. The applicable subheading for style 6682 and 6687 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s or girls: other. The duty rate will be 32% ad valorem. Styles 6682 and 6687 fall within textile category designation 639. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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). We are returning style 6670 to you because we need additional information in order to issue a binding ruling on that style. You state in your letter that the front panel of style 6670 is constructed from 100% print and solid silk chiffon woven and 100% silk charmeuse fabric. However, the knit fabric of the front panel appears to be the same fiber content as that of the back panel – 93% modal, 7% spandex. Please provide clarification as to the correct fiber content of each of the fabrics of style 6670. If you decide to resubmit your request for style 6670, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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 Camille R. Ferraro at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division