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NY L89458





December 21, 2005

CLA-2-61:RR:NC:TA:359 L89458

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Mr. Robert Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

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

Dear Mr. Stack:

In your letter dated December 15, 2005, you requested a classification ruling on behalf of Item Eyes, Inc.

A garment, identified as representing both style 64018 (missy sizes S-XL), and W4018 (women’s sizes 1X – 3X) was submitted and will be returned as you have requested.

The garment is made of 55% ramie and 45% cotton crocheted fabric, the outer surface of which measures 9 or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. The garment features a 100% polyester knit lining, a scooped neckline with narrow straps, a slightly flared body, a scalloped bottom and a ribbon, which is threaded around the circumference of the garment just below the bust line.

The applicable subheading for the garment will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand 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.

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/.

The sweater falls within textile category designation 845. 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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