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NY 815689





January 12, 1996

CLA-2-61:RR:NC:WA:361 815689

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Ms. Holly Brown
Nordstrom, Inc.
1321 Second Avenue
Seattle, Washington 98101

RE: The tariff classification of a woman's cardigan styled garment from Hong Kong.

Dear Ms. Brown:

In your letter dated October 11, 1995, you requested a tariff classification ruling for a cardigan styled garment, designated as style 11044e. As we discussed, your response was delayed because it was necessary to obtain verification of the stitch count from our laboratory in order to correctly classify the garment. Your sample is being returned, as you requested.

Style 11044e is a woman's cardigan styled garment constructed from 100% cotton rib knit fabric. The garment has a full front opening with a five button right over left closure, a V-shaped neckline and long sleeves. The fabric has fewer than 10 stitches per centimeter, measured in the horizontal direction, and more than ten stitches per centimeter measured in the vertical direction.

In your letter, you indicated that you believed the appropriate classification was in heading 6106. Note 4 to chapter 61 states:

Headings 6105 and 6106 do not cover garments ...having an average of less than 10 stitches per linear centimeter in each direction counted on an area measuring at least 10 centimeters by 10 centimeters.

Since the submitted sample does not meet this requirement for stitches measured in the horizontal direction, classification in heading 6106 is precluded.

The applicable subheading for style 11044e will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of cotton, women's. The rate of duty will be 19.9 percent ad valorem.

Style 11044e falls within textile category designation 339. Based upon international textile trade agreements, garments imported from Hong are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Roger J. Silvestri
Director

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