CLA-2-61:OT:RR:NC:3:359
Ms. Irina Parker
Avon Products Inc.
1251 Avenue of the Americas
New York, NY 10020
RE: The tariff classification of a women’s sleeveless pullover from China.
Dear Ms. Parker:
In your letter dated August 28, 2008 you requested a classification ruling. As requested, your sample is being returned to you.
The submitted sample, style PP 1079777, is a set comprised of a woman’s cut and sewn sleeveless pullover constructed from 65% polyester and 35% rayon knit fabric and a buckle pin attached to a faux belt on the front panel. The outer surface of the pullover measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment extends below the waist and features a v-shaped crossover front neckline, and a straight garment bottom. Sewn into the garment side seams is a faux belt that runs across the front panel waist area. A detachable faux gem buckle pin is attached at the center of the faux belt.
The pullover and the pin are considered as a set. The essential character is imparted by the pullover, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.
The applicable subheading for style PP 1079777 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: women’s or girls’: other. The duty rate will be 32% 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 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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
National Commodity Specialist Division