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NY J86069




July 23, 2003

CLA-2-61:RR:NC:TA:359 J86069

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Mr. John A. Schoenig
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of four women’s knit garments from China

Dear Mr. Schoenig:

In your letter dated July 10, 2003, on behalf of Liz Claiborne, Inc., you requested a tariff classification ruling.

You submitted four samples of women’s garments. The outer surface of each garment measures more than 9 stitches per 2 centimeters in the horizontal direction. Style CMH5160(MERU1526) is a woman’s pullover that is constructed from 54% silk, 33% acrylic, 13% wool, multi-ribbed fabric. The pullover features a ribbed collar, long sleeves and a straight bottom.

Style CIMU6641 is a woman’s pullover that is constructed from a 57% silk, 43% rayon, crinkled knit fabric. The pullover features a turtleneck collar and long sleeves.

Style CIMU6634 is a woman’s cardigan that is constructed from 57% silk, 43% rayon, 1x1 rib knit fabric. The cardigan features long sleeves with flared ribbed cuffs, a full front opening with no means of closure, and a straight bottom. The neckline and the placket are finished with a gathered-like ribbed fabric.

Style CMH5312(MWRU3510) is a woman’s cardigan that is constructed from 58% silk, 30% viscose, 12% cotton, double-knit fabric. The cardigan features a pointed ribbed collar, long sleeves, a full front opening with 7 button closures, and a straight bottom.

Although you suggest that style CMH5312(MWRU3510) is classified in item 6106.90.2550 HTS, we note that classification is precluded from heading 6106 HTS, because it does not meet the stitch count requirement of HTS Chapter 61, Note 4.

Your samples are being returned as requested.

The applicable subheading for each of the four garments will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of other textile materials: otherother: women’s. The rate of duty will be 6% ad valorem.

Each garment falls within textile category designation 838. Based upon international textile trade agreements category 838 from China neither subject to quota nor the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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