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NY L81207




December 30, 2004

CLA-2-62:RR:NC:N3:361 L81207

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2006; 6110.20.2075

Ms. Stacy Bauman
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of two garments from China.

Dear Ms. Bauman:

In your letter dated December 7, 2004, you requested a tariff classification ruling for two garments on behalf of Dress Barn, Inc.

Style 4513 is a pair of women’s pull-on pants constructed from 95 percent cotton, five-percent spandex knit fabric. The pants have a two-inch wide elasticized waistband; an inserted drawcord with metal grommets; side seam decorative overlays, and hemmed leg openings.

Style 4512 is a woman’s cardigan constructed from the same fabric. The cardigan has a hood, a full front opening with a zipper closure, long sleeves with self-fabric cuffs, decorative overlays extending from the shoulder seams to the cuffs, pockets below the waist, and a self fabric waistband. The fabric of the cardigan has more than nine stitches per two centimeters, measured in the horizontal direction.

The applicable subheading for style 4513 will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousersknitted or crocheted: Of cotton: containing five percent or more of elastomeric fibers. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for style 4512 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of cotton. The rate of duty will be 16.5 percent ad valorem.

Style 4513 falls within textile category designation 348; style 4512 falls within textile category designation 339. 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.).

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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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