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NY L86746




August 19, 2005

CLA-2-61:RR:NC:TA:359 L86746

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Harry Katsaros
Nik & Associates
800 S. Hindry Avenue, Unit A
Inglewood, CA 90301

RE: The tariff classification of a woman’s pullover and cardigan from China

Dear Mr. Katsaros:

In your letter dated July 22, 2005, on behalf of N&K Apparel, Inc., 1415 S. Herbert Avenue, Commerce, CA 90025, you requested a tariff classification ruling.

You submitted two samples of women’s garments that are constructed from 100% polyester fleece knit fabric. The outer surface of each garment measures more than 9 stitches per 2 centimeters in the horizontal direction.

Style number 1768 is a pullover that features a mock collar, long hemmed sleeves, a partial front opening with a zipper closure, 2 side seam pockets in the waist area and a hemmed bottom.

Style number 1769 is a cardigan that features a mock collar, long hemmed sleeves, a full front opening with a zipper closure, 2 front side entry pockets in the waist area, and a hemmed bottom.

You are suggesting that the items be considered as outerwear knit jackets. Style 1768 is a pullover garment and is precluded from heading 6102 , Harmonized Tariff Schedule of the United States, HTS, where outerwear jackets must have a full frontal opening. Style 1769 is precluded from heading 6102, HTS, because of the hemmed sleeves and bottom, thereby not providing the proper warmth.

The applicable subheading for each garment will be 6110.30.3055, (HTS), which provides for sweaters, pulloversand similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

Each garment 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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