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NY L85575




June 23, 2005

CLA-2-61:RR:NC:TA:359 L85575

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Larry Lewis
Michael Simon
512 Seventh Avenue, 38th Floor
New York, NY 10018

RE: The tariff classification of a woman’s cardigan from China and/or Hong Kong

Dear Mr. Lewis:

In your letter dated June 9, 2005, you requested a classification ruling.

You submitted a sample of a garment identified as style M075900. The garment is constructed from knit fabric (the sleeves, the back panel, the placket, the neckline and the wide waistband) and woven fabric (the front panels only). The outer surface of the knit portion of the cardigan measures more than 9 stitches per 2 centimeters in the direction in which the stitches were formed. The garment features a v-shaped neckline with a full front opening secured with five buttons, long sleeves with rib knit cuffs, and a wide rib knit waistband. The sleeves and back of the cardigan contain small, randomly scattered, decorative embroidered circles of different colored metallic yarns.

The essential character of this garment is determined by the knit portion of the garment. According to information which you submitted, the knit portion of the garment is made of 50% polyester, 21% acrylic, 26% cotton and 3% other metallic yarn. The entire portion of the metallic yarn (3%), is contained within the decorative circles of different colored yarns. The garment is in chief weight of man-made fibers. Harmonized Tariff Schedule of the United States, (HTS), General Rules of Interpretation, Rule 3, noted.

The applicable subheading for style M075900 will be 6110.30.3055, HTS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’. The duty rate will be 32% ad valorem.

Style M075900 falls within textile category designation 639. 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. 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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