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NY L89709




January 12, 2006

CLA-2-61:RR:NC:TA:359 L89709

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6110.90.9090

Ms. Barbara Moore
The Janel Group of New York, Inc.
150-14 132nd Avenue
Jamaica, NY 11434

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

Dear Ms. Moore:

In your letter dated January 3, 2006, you requested a classification ruling on behalf of KBL Group International Ltd.

Samples of the garments were submitted and will be returned as you have requested.

Style 50001 is a woman’s long sleeve, finely knit cardigan featuring a full front buttoned opening, long sleeves with rib knit cuffs, a rib knit bottom, a jewel neckline and a small knit design on the upper right front panel. The fiber content of the garment is stated to be 55% ramie and 45% cotton.

Style 3C962 is a woman’s long sleeve knit sweater featuring a full front buttoned opening, long sleeves, a jewel neckline, and various decorative embroidered appliqués scattered about the garment’s surface. The outer surface of the fabric measures 9 or fewer stitches per two centimeters in the direction in which the stitches were formed. The fiber content of the garment is stated to be 55% ramie and 45% cotton.

In your letter you stated that both the garments are knit to shape. An examination of the garments’ construction around the necklines disclose that the body panels of both of the garments are capped with knit fabric and that the body panels are cut, rather than knit to shape at the top of the garments’ respective panels. The garments are not knit to shape as described in Statistical note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS). This fact would be of considerable significance if either of the garments was made in chief weight of cotton or man-made fibers, or, in the case of style 3C962, had a stitch count greater than 9 stitches per 2 centimeters.

The applicable subheading for style 50001 will be 6110.90.9090, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Other: Other: Other: Women’s or girls’. The duty rate will be 6% ad valorem.

The applicable subheading for style 3C962 will be 6110.90.9042, 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/.

Style 50001 falls within textile category designation 838. Style 3C962 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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