The tariff classification of a novelty layering garment from China and possible other countries not yet determined

N266553 August 7, 2015 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Ms. Jacquelyn Gray American Eagle Outfitters 77 Hot Metal Street Pittsburgh, PA 15203 RE: The tariff classification of a novelty layering garment from China and possible other countries not yet determined Dear Ms. Gray: In your letter dated July 7, 2015, you requested a tariff classification ruling. As requested, your sample will be returned. Style number 7693 is a woman’s fringed novelty layering garment constructed from 100% acrylic openwork knit fabric, which prevents counting stitches in the direction that the stitches were formed. The layering article of clothing features a full front opening with no means of closure and a handkerchief bottom. The garment reaches the elbows and extends to below the waist. You suggest classification in subheading 6117.10.2030, Harmonized Tariff Schedule of the United States (HTSUS). The garment provides sufficient upper body coverage and has characteristics common to similar articles of heading 6110, (HTSUS). Consequently, the applicable subheading for style 7693 will be 6110.30.3059, HTSUS, which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con.): of man-made fibers (con.): Other: Other: Other: Women’s or girls’: Other. The rate of duty will be 32 percent ad valorem. The submitted sample is not marked with the country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part: Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S. 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 the World Wide Web at http://www.usitc.gov/tata/hts/. 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 Renée M. Orsat at renee.orsat@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division