The tariff classification of a women’s upper body garment from China. Dear Ms. Fox:

NY L89555 January 20, 2006 CLA-2-61:RR:NC:WA:361 NY L89555 CATEGORY: Classification TARIFF NO.: 6114.30.3070 Ms. Melissa Fox Barthco International, Inc. 5101 S. Broad Street Philadelphia, PA 19112 RE: The tariff classification of a women’s upper body garment from China. Dear Ms. Fox: In your letter dated December 27, 2005, you requested a classification ruling for women’s knit garments on behalf of Ann Taylor, Inc. The submitted sample will be returned to you, as requested. Style 143034 is a woman’s knit upper body garment constructed from 80 percent rayon, 20 percent nylon knit fabric, which you have described as a shrug. The garment has does not reach the waist, has a full front opening with no means of closure, short sleeves, and a tubular knit finish to all the edges. The garment provides essentially no front coverage. The applicable subheading for style 143034 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 14.9% 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/. Style 143034 falls within textile category designation 659. 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). 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 Angela De Gaetano at 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division