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NY L87199





October 28, 2005

CLA-2-61:RR:NC:TA:359 L87199

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9038

Mr. Herbert J. Lynch
Sullivan & Lynch
Inner Tech Park
56 Roland Street, Suite 303
Boston, Massachusetts 02129-1223

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

Dear Mr. Lynch:

In your letter dated October 14, 2005, on behalf of Susan Bristol, Inc., you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number 7162103, is a woman’s pullover sweater that is constructed from 54% silk, 37% nylon, 5% polyester, 4% cotton. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a U-neckline with a beaded notched-V front, long sleeves with slitted cuffs, side slits and a straight bottom.

You suggest this woman’s garment be classified under subheading 6110.90.9020, HTS. That classification is for men’s garments.

The applicable subheading for the sweater will be 6110.90.9038, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters: of other textile materials: other: sweaters for women and girls: other: of silk: other. The rate of duty will be 6% ad valorem.

The sweater falls within textile category designation 846. 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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