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NY L86275




August 5, 2005

CLA-2-61:RR:NC:TA:359 L86275

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6109.10.0060

Ms. Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a woman’s sweater and a tank top from China

Dear Ms. Fox:

In your letter dated July 6, 2005, you requested a classification ruling on behalf of Leonard Feinberg. As requested, your sample is being returned to you.

Your sample, style 9010, is comprised of two women’s upper body garments that are tack sewn together under the arm. The outer garment is a woman’s sweater constructed from 55% ramie, 30% acrylic, and 15% mohair knit fabric. The outer surface of the fabric of the sweater measures nine or fewer stitches per two centimeters in the direction in which the stitches are formed. It features a V-shaped neckline and long sleeves. The inner garment is a woman’s knit tank top constructed from 100% cotton knit fabric. The tank top has shoulder straps that measure 1 3/4 inches at the top, a U-shaped neckline in front, a U-shaped neckline in back, and a plain, hemmed bottom.

The applicable subheading for the sweater of style 9010 will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women or girls: other: other: other. The duty rate will be 6% ad valorem.

The applicable subheading for the tank top of style 9010 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for tank topsknitted or crocheted: of cotton: women’s. The duty rate will be 16.5 percent ad valorem.

The sweater of style 9010 falls within textile category 845. The tank top of style 9010 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. 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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