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NY L82782





March 25, 2005

CLA-2-61:RR:NC:TA:359 L82782

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Janice Sarmiento
McNaughton Apparel Group, Inc.
498 Seventh Ave., 9th Floor
New York, NY 10018

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

Dear Ms. Sarmiento:

In your letter dated March 3, 2005, on behalf of Norton, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style DEGSJ6/A7PS16, is a woman’s cardigan that is constructed from 100% polyester, woven fabric (front panels except the 3 ½ inch long knit bottom) and 60% rayon, 40% cotton, jersey knit fabric (the collar, the sleeves, the back panel, the bottom). The outer surface of the knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction.

The cardigan features a ribbed collar, a deep V-neckline, long sleeves with ribbed cuffs, a full front opening with 5 button closures, and a ribbed bottom.

The essential character of the cardigan is given by the knit fabric; Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, Noted.

The applicable subheading for the cardigan will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted: of man-made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

The cardigan 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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