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NY L88735




December 14, 2005

CLA-2-61:RR:NC:WA:361 NY L88735

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6110.20.2075; 6114.20.0010

Ms. Alicia Balderas
Sears Holding Corporation
3333 Beverly Road, A3-319A
Columbus, OH 43230

RE: The tariff classification of four women’s knit garments from China.

Dear Ms. Balderas:

In your letter dated November 7, 2005, you requested a tariff classification ruling for four women’s garments.

The submitted samples are described as follows:

Style #IU6AP2020A – A pair of women’s pants constructed from 80% cotton, and 20% polyester terry knit fabric. The pull-on pants feature a wide elasticized waistband with a drawstring, a rear pocket, and hemmed leg openings. The garment also has crocheted trim extending vertically down the sides of both legs, and across the top of the rear pocket.

Style #IU6AP2019A – A pair of women’s pants constructed from 80% cotton, and 20% polyester terry knit fabric. The pull-on pants feature a wide elasticized waistband and hemmed leg openings.

Style #IU6CE6013 – A woman’s cardigan constructed from 80% cotton and 20% polyester terry knit fabric. The garment features a hood with a drawstring, ¾ inch sleeves with rib knit cuffs, pockets at the waist, a full front opening with a zipper closure, and a loose fitting rib knit bottom. The garment also has crocheted trim extending vertically down both arms. The outer surface of both sides of the garment measures more than nine stitches per two centimeters in the horizontal direction.

Style #IU6AP1026 – A woman’s top constructed from 80% cotton and 20% polyester terry knit fabric. The garment features a V-shaped neckline in front, adjustable shoulder straps and a hemmed bottom. The upper portion of the back extends straight across from side seam to side seam.

We are returning your samples as you requested.

The applicable subheading for Styles IU6AP2020A & IU6AP2019A will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, women’s, other. The rate of duty will be 14.9% ad valorem.

The applicable subheading for the pullover of Style IU6CE6013 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, of cotton, other, other, women’s. The rate of duty will be 16.5% ad valorem.

The applicable subheading for Style IU6AP1026 will be 6114.20.0010 Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted of cotton, tops, women’s or girls’. The rate of duty will be 10.8% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Styles IU6AP2020A & IU6AP2019A fall within textile category designation 348. Styles IU6CE6013 & IU6AP1026 fall 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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director

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